[105th Congress Public Law 368]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ368.105]
[[Page 112 STAT. 3315]]
Public Law 105-368
105th Congress
An Act
To amend title 38, United States Code, to improve benefits and services
provided to Persian Gulf War veterans, to provide a cost-of-living
adjustment in rates of compensation paid to veterans with service-
connected disabilities, to enhance programs providing health care,
compensation, education, insurance, and other benefits for veterans, and
for other purposes. <<NOTE: Nov. 11, 1998 - [H.R. 4110]>>
Be it enacted by the Senate and House of Representatives of
the <<NOTE: Veterans Programs Enhancement Act of 1998.>> United States
of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
<<NOTE: 38 USC 101 note.>> (a) Short Title.--This Act may be cited
as the ``Veterans Programs Enhancement Act of 1998''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I--PROVISIONS RELATING TO VETERANS OF PERSIAN GULF WAR AND FUTURE
CONFLICTS
<<NOTE: .38 USC 1117 note.>> Sec. 101. Agreement with National Academy
of Sciences regarding evaluation of health consequences of
service in Southwest Asia during the Persian Gulf War.
Sec. 102. Health care for veterans of Persian Gulf War and future
conflicts.
Sec. 103. National center on war-related illnesses and post-deployment
health
issues.
Sec. 104. Coordination of activities.
Sec. 105. Improving effectiveness of care of Persian Gulf War veterans.
Sec. 106. Contract for independent recommendations on research and for
development of curriculum on care of Persian Gulf War
veterans.
Sec. 107. Extension and improvement of evaluation of health status of
spouses and children of Persian Gulf War veterans.
TITLE II--EDUCATION AND EMPLOYMENT
Subtitle A--Education Matters
Sec. 201. Calculation of reporting fee based on total veteran enrollment
during a calendar year.
Sec. 202. Election of advance payment of work-study allowance.
Sec. 203. Alternative to twelve semester hour equivalency requirement.
Sec. 204. Medical evidence for flight training requirements.
Sec. 205. Waiver of wage increase and minimum payment rate requirements
for Government job training program approval.
Sec. 206. Expansion of education outreach services.
Sec. 207. Information on minimum requirements for education benefits for
members of the Armed Forces discharged early from duty for
the convenience of the Government.
Subtitle B--Uniformed Services Employment and Reemployment Rights Act
Amendments
Sec. 211. Enforcement of rights with respect to a State as an employer.
Sec. 212. Protection of extraterritorial employment and reemployment
rights of members of the uniformed services.
[[Page 112 STAT. 3316]]
Sec. 213. Complaints relating to reemployment of members of the
uniformed services in Federal service.
TITLE III--COMPENSATION, PENSION, AND INSURANCE
Sec. 301. Medal of Honor special pension.
Sec. 302. Accelerated death benefit for Servicemembers' Group Life
Insurance and Veterans' Group Life Insurance participants.
Sec. 303. Assessment of effectiveness of insurance and survivor benefits
programs for survivors of veterans with service-connected
disabilities.
Sec. 304. National Service Life Insurance program.
TITLE IV--MEMORIAL AFFAIRS
Sec. 401. Commemoration of individuals whose remains are unavailable for
interment.
Sec. 402. Merchant mariner burial and cemetery benefits.
Sec. 403. Redesignation of National Cemetery System and establishment of
Under Secretary for Memorial Affairs.
Sec. 404. State cemetery grants program.
TITLE V--COURT OF VETERANS APPEALS
Subtitle A--Administrative Provisions Relating to the Court
Sec. 501. Continuation in office of judges pending confirmation for
second term.
Sec. 502. Exemption of retirement fund from sequestration orders.
Sec. 503. Adjustments for survivor annuities.
Sec. 504. Reports on retirement program modifications.
Subtitle B--Renaming of Court
Sec. 511. Renaming of the Court of Veterans Appeals.
Sec. 512. Conforming amendments.
Sec. 513. Effective date.
TITLE VI--HOUSING
Sec. 601. Loan guarantee for multifamily transitional housing for
homeless veterans.
Sec. 602. Veterans housing benefit program fund account consolidation.
Sec. 603. Extension of eligibility of members of Selected Reserve for
veterans housing loans.
Sec. 604. Applicability of procurement law to certain contracts of
Department of Veterans Affairs.
TITLE VII--CONSTRUCTION AND FACILITIES MATTERS
Sec. 701. Authorization of major medical facility projects.
Sec. 702. Authorization of major medical facility leases.
Sec. 703. Authorization of appropriations.
Sec. 704. Increase in threshold for major medical facility leases for
purposes of
congressional authorization.
Sec. 705. Threshold for treatment of parking facility project as a major
medical
facility project.
Sec. 706. Parking fees.
Sec. 707. Master plan regarding use of Department of Veterans Affairs
lands at West Los Angeles Medical Center, California.
Sec. 708. Designation of Department of Veterans Affairs Medical Center,
Aspinwall, Pennsylvania.
Sec. 709. Designation of Department of Veterans Affairs Medical Center,
Gainesville, Florida.
Sec. 710. Designation of Department of Veterans Affairs outpatient
clinic, Columbus, Ohio.
TITLE VIII--HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE
Sec. 801. Short title.
Sec. 802. Scholarship program for Department of Veterans Affairs
employees
receiving education or training in the health professions.
Sec. 803. Education debt reduction program for Veterans Health
Administration health professionals.
Sec. 804. Repeal of prohibition on payment of tuition loans.
Sec. 805. Conforming amendments.
Sec. 806. Coordination with appropriations provision.
TITLE IX--MISCELLANEOUS MEDICAL CARE AND MEDICAL ADMINISTRATION
PROVISIONS
Sec. 901. Examinations and care associated with certain radiation
treatment.
[[Page 112 STAT. 3317]]
Sec. 902. Extension of authority to counsel and treat veterans for
sexual trauma.
Sec. 903. Management of specialized treatment and rehabilitative
programs.
Sec. 904. Authority to use for operating expenses of Department of
Veterans Affairs medical facilities amounts available by
reason of the limitation on pension for veterans receiving
nursing home care.
Sec. 905. Report on nurse locality pay.
Sec. 906. Annual report on program and expenditures of Department of
Veterans Affairs for domestic response to weapons of mass
destruction.
Sec. 907. Interim appointment of Under Secretary for Health.
TITLE X--OTHER MATTERS
Sec. 1001. Requirement for naming of Department property.
Sec. 1002. Members of the Board of Veterans' Appeals.
Sec. 1003. Flexibility in docketing and hearing of appeals by Board of
Veterans'
Appeals.
Sec. 1004. Disabled veterans outreach program specialists.
Sec. 1005. Technical amendments.
TITLE XI--COMPENSATION COST-OF-LIVING ADJUSTMENT
Sec. 1101. Increase in rates of disability compensation and dependency
and indemnity compensation.
Sec. 1102. Publication of adjusted rates.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States Code.
TITLE I--PROVISIONS RELATING TO VETERANS OF PERSIAN GULF WAR AND FUTURE
CONFLICTS
SEC. 101. AGREEMENT WITH <<NOTE: 38 USC 1117 note.>> NATIONAL ACADEMY
OF SCIENCES REGARDING EVALUATION OF HEALTH CONSEQUENCES OF
SERVICE IN SOUTHWEST ASIA DURING THE PERSIAN GULF WAR.
(a) Purpose.--The purpose of this section is to provide for the
National Academy of Sciences, an independent nonprofit scientific
organization with appropriate expertise which is not a part of the
Federal Government, to review and evaluate the available scientific
evidence regarding associations between illness and service in the
Persian Gulf War.
(b) Agreement.--(1) The Secretary of Veterans Affairs shall seek to
enter into an agreement with the National Academy of Sciences for the
Academy to perform the activities covered by this section. The Secretary
shall seek to enter into the agreement not later than 2 months after the
date of the enactment of this Act.
(2)(A) If the Secretary is unable within the time period set forth
in paragraph (1) to enter into an agreement with the Academy for the
purposes of this section on terms acceptable to the Secretary, the
Secretary shall seek to enter into an agreement for purposes of this
section with another appropriate scientific organization that is not
part of the Federal Government, operates as a not-for-profit entity, and
has expertise and objectivity comparable to that of the Academy.
(B) If the Secretary enters into an agreement with another
organization under this paragraph, any reference in this section
[[Page 112 STAT. 3318]]
to the National Academy of Sciences shall be treated as a reference to
such other organization.
(c) Review of Scientific Evidence.--(1) Under the agreement under
subsection (b), the National Academy of Sciences shall conduct a
comprehensive review and evaluation of the available scientific and
medical information regarding the health status of Gulf War veterans and
the health consequences of exposures to risk factors during service in
the Persian Gulf War. In conducting such review and evaluation, the
Academy shall--
(A) identify the biological, chemical, or other toxic
agents, environmental or wartime hazards, or preventive
medicines or vaccines (including the agents specified in
subsection (d)(1)) to which members of the Armed Forces who
served in the Southwest Asia theater of operations during the
Persian Gulf War may have been exposed by reason of such
service;
(B) identify the illnesses associated with the agents,
hazards, or medicines or vaccines identified under subparagraph
(A); and
(C) identify the illnesses (including diagnosed illnesses
and undiagnosed illnesses) for which there is scientific
evidence of a higher prevalence among populations of Gulf War
veterans when compared with other appropriate populations of
individuals.
(2) In identifying illnesses under subparagraphs (B) and (C) of
paragraph (1), the Academy shall review and summarize the relevant
scientific evidence regarding illnesses, including symptoms, adverse
reproductive health outcomes, and mortality, among the members described
in paragraph (1)(A) and among other appropriate populations of
individuals.
(3) In conducting the review and evaluation under paragraph (1), the
Academy shall, for each illness identified under subparagraph (B) or (C)
of that paragraph, assess the latency period, if any, between service or
exposure to any potential risk factor (including an agent, hazard, or
medicine or vaccine identified under subparagraph (A) of that paragraph)
and the manifestation of such illness.
(d) Specified Agents.--(1) In identifying under subsection (c)(1)(A)
the agents, hazards, or preventive medicines or vaccines to which
members of the Armed Forces may have been exposed, the National Academy
of Sciences shall consider the following:
(A) The following organophosphorous pesticides:
(i) Chlorpyrifos.
(ii) Diazinon.
(iii) Dichlorvos.
(iv) Malathion.
(B) The following carbamate pesticides:
(i) Proxpur.
(ii) Carbaryl.
(iii) Methomyl.
(C) The carbamate pyridostigmine bromide used as nerve agent
prophylaxis.
(D) The following chlorinated hydrocarbons and other
pesticides and repellents:
(i) Lindane.
(ii) Pyrethrins.
(iii) Permethrins.
(iv) Rodenticides (bait).
[[Page 112 STAT. 3319]]
(v) Repellent (DEET).
(E) The following low-level nerve agents and precursor
compounds at exposure levels below those which produce
immediately apparent incapacitating symptoms:
(i) Sarin.
(ii) Tabun.
(F) The following synthetic chemical compounds:
(i) Mustard agents at levels below those which cause
immediate blistering.
(ii) Volatile organic compounds.
(iii) Hydrazine.
(iv) Red fuming nitric acid.
(v) Solvents.
(G) The following sources of radiation:
(i) Depleted uranium.
(ii) Microwave radiation.
(iii) Radio frequency radiation.
(H) The following environmental particulates and
pollutants:
(i) Hydrogen sulfide.
(ii) Oil fire byproducts.
(iii) Diesel heater fumes.
(iv) Sand micro-particles.
(I) Diseases endemic to the region (including the
following):
(i) Leishmaniasis.
(ii) Sandfly fever.
(iii) Pathogenic escherichia coli.
(iv) Shigellosis.
(J) Time compressed administration of multiple live,
``attenuated'', and toxoid vaccines.
(2) The consideration of agents, hazards, and medicines and vaccines
under paragraph (1) shall not preclude the Academy from identifying
other agents, hazards, or medicines or vaccines to which members of the
Armed Forces may have been exposed for purposes of any report under
subsection (h).
(3) <<NOTE: Deadline. Reports.>> Not later than 6 months after
entry into the agreement under subsection (b), the Academy shall submit
to the Committees on Veterans' Affairs of the Senate and the House of
Representatives a report specifying the agents, hazards, and medicines
and vaccines considered under paragraph (1).
(e) Scientific Determinations Concerning Illnesses.--(1) For each
illness identified under subparagraph (B) or (C) of subsection (c)(1),
the National Academy of Sciences shall determine (to the extent
available scientific evidence permits) whether there is scientific
evidence of an association of that illness with Gulf War service or
exposure during Gulf War service to one or more agents, hazards, or
medicines or vaccines. In making those determinations, the Academy shall
consider--
(A) the strength of scientific evidence, the replicability
of results, the statistical significance of results, and the
appropriateness of the scientific methods used to detect the
association;
(B) in any case where there is evidence of an apparent
association, whether there is reasonable confidence that that
apparent association is not due to chance, bias, or confounding;
[[Page 112 STAT. 3320]]
(C) the increased risk of the illness among human or animal
populations exposed to the agents, hazards, or medicines or
vaccines;
(D) whether a plausible biological mechanism or other
evidence of a causal relationship exists between exposure to the
agents, hazards, or medicines or vaccines and the illnesses;
(E) in any case where information about exposure levels is
available, whether the evidence indicates that the levels of
exposure of the studied populations were of the same magnitude
as the estimated likely exposures of Gulf War veterans; and
(F) whether there is an increased risk of illness among Gulf
War veterans in comparison with appropriate peer groups.
(2) The Academy shall include in its reports under subsection (h) a
full discussion of the scientific evidence and reasoning that led to its
conclusions under this subsection.
(f ) Recommendations for Additional Scientific Studies.--(1) Under
the agreement under subsection (b), the National Academy of Sciences
shall make any recommendations that it considers appropriate for
additional scientific studies (including studies relating to treatment
models) to resolve areas of continuing scientific uncertainty relating
to the health consequences of service in the Persian Gulf War or
exposure to toxic agents, environmental or wartime hazards, or
preventive medicines or vaccines associated with Gulf War service.
(2) In making recommendations for additional studies, the Academy
shall consider the available scientific data, the value and relevance of
the information that could result from such studies, and the cost and
feasibility of carrying out such studies.
(g) Subsequent Reviews.--(1) Under the agreement under subsection
(b), the National Academy of Sciences shall conduct on a periodic and
ongoing basis additional reviews of the evidence and data relating to
its activities under this section.
(2) As part of each review under this subsection, the Academy
shall--
(A) conduct as comprehensive a review as is practicable of
the information referred to in subsection (c), the evidence
referred to in subsection (e), and the data referred to in
subsection (f ) that became available since the last review of
such information, evidence, and data under this section; and
(B) make determinations under the subsections referred to in
subparagraph (A) on the basis of the results of such review and
all other reviews previously conducted for purposes of this
section.
(h) Reports by Academy.--(1) Under the agreement under subsection
(b), the National Academy of Sciences shall submit to the Committees on
Veterans' Affairs of the Senate and the House of Representatives and the
Secretary of Veterans Affairs periodic written reports regarding the
Academy's activities under the agreement.
(2) <<NOTE: Deadline.>> The first report under paragraph (1) shall
be submitted not later than 2 years after entry into the agreement under
subsection (b). That report shall include--
(A) the determinations and discussion referred to in
subsection (e); and
(B) any recommendations of the Academy under sub
section (f ).
[[Page 112 STAT. 3321]]
(3) Reports shall be submitted under this subsection at least once
every 2 years, as measured from the date of the report under paragraph
(2).
(4) In any report under this subsection (other than the report under
paragraph (2)), the Academy may specify an absence of meaningful
developments in the scientific or medical community with respect to the
activities of the Academy under this section during the 2-year period
ending on the date of such report.
(i) Reports by Secretary.--(1) The Secretary shall review each
report from the Academy under subsection (h). As part of such review,
the Secretary shall seek comments on, and evaluation of, the Academy's
report from the heads of other affected departments and agencies of the
United States.
(2) Based upon a review under paragraph (1), the Secretary shall
submit to the Committees on Veterans' Affairs of the Senate and the
House of Representatives a report on the available scientific and
medical information regarding the health consequences of Persian Gulf
War service and of exposures to risk factors during service in the
Persian Gulf War. The Secretary shall include in the report the
Secretary's recommendations as to whether there is sufficient evidence
to warrant a presumption of service-connection for the occurrence of a
specified condition in Gulf War veterans. In determining whether to make
such a recommendation, the Secretary shall consider the matters
specified in subparagraphs (A) through (F) of subsection (e)(1).
(3) <<NOTE: Deadline.>> The report under this subsection shall be
submitted not later than 120 days after the date on which the Secretary
receives the report from the Academy.
( j) Sunset.--This section shall cease to be effective 11 years
after the last day of the fiscal year in which the National Academy of
Sciences enters into an agreement with the Secretary under subsection
(b).
(k) Definition.--In this section, the term ``toxic agent,
environmental or wartime hazard, or preventive medicine or vaccine
associated with Gulf War service'' means a biological, chemical, or
other toxic agent, environmental or wartime hazard, or preventive
medicine or vaccine that is known or presumed to be associated with
service in the Armed Forces in the Southwest Asia theater of operations
during the Persian Gulf War, whether such association arises as a result
of single, repeated, or sustained exposure and whether such association
arises through exposure singularly or in combination.
SEC. 102. HEALTH CARE FOR VETERANS OF PERSIAN GULF WAR AND FUTURE
CONFLICTS.
(a) Authority.--Section 1710(e) is amended--
(1) by adding at the end of paragraph (1) the following new
subparagraph:
``(D) Subject to paragraphs (2) and (3), a veteran who served on
active duty in a theater of combat operations (as determined by the
Secretary in consultation with the Secretary of Defense) during a period
of war after the Persian Gulf War, or in combat against a hostile force
during a period of hostilities (as defined in section 1712A(a)(2)(B) of
this title) after the date of the enactment of this subparagraph, is
eligible for hospital care, medical services, and nursing home care
under subsection (a)(2)(F) for any illness,
[[Page 112 STAT. 3322]]
notwithstanding that there is insufficient medical evidence to conclude
that such condition is attributable to such service.'';
(2) in paragraph (2)(B), by inserting ``or (1)(D)'' after
``paragraph (1)(C)'';
(3) in paragraph (3)--
(A) by striking ``and'' at the end of subparagraph
(A);
(B) by striking ``December 31, 1998.'' in
subparagraph (B) and inserting ``December 31, 2001;
and''; and
(C) by adding at the end the following new
subparagraph:
``(C) in the case of care for a veteran described in
paragraph (1)(D), after a period of 2 years beginning on the
date of the veteran's discharge or release from active military,
naval, or air service.''; and
(4) by adding at the end the following new paragraph:
``(5) When the Secretary first provides care for veterans using the
authority provided in paragraph (1)(D), the Secretary shall establish a
system for collection and analysis of information on the general health
status and health care utilization patterns of veterans receiving care
under that paragraph. <<NOTE: Deadline. Reports.>> Not later than 18
months after first providing care under such authority, the Secretary
shall submit to Congress a report on the experience under that
authority. The Secretary shall include in the report any recommendations
of the Secretary for extension of that authority.''.
<<NOTE: Deadline. 38 USC 1710 note.>> (b) Implementation Report.--
Not later than October 1, 1999, the Secretary of Veterans Affairs shall
submit to the Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the Secretary's plan for establishing and
operating the system for collection and analysis of information required
by paragraph (5) of section 1710(e) of title 38, United States Code, as
added by subsection (a)(4).
<<NOTE: 38 USC 303 note.>> SEC. 103. NATIONAL CENTER ON WAR-RELATED
ILLNESSES AND POST-DEPLOYMENT HEALTH ISSUES.
(a) Assessment.-- <<NOTE: Contracts.>> The Secretary of Veterans
Affairs shall seek to enter into an agreement with the National Academy
of Sciences, or another appropriate independent organization, under
which such entity shall assist in developing a plan for the
establishment of a national center or national centers for the study of
war-related illnesses and post-deployment health issues. The purposes of
such a center may include--
(1) carrying out and promoting research regarding the
etiologies, diagnosis, treatment, and prevention of war-related
illnesses and post-deployment health issues; and
(2) promoting the development of appropriate health
policies, including monitoring, medical recordkeeping, risk
communication, and use of new technologies.
(b) Recommendations and Report.--With respect to such a center, an
agreement under this section shall provide for the Academy (or other
entity) to--
(1) make recommendations regarding: (A) design of an
organizational structure or structures, operational scope,
staffing and resource needs, establishment of appropriate
databases, the advantages of single or multiple sites,
mechanisms for implementing recommendations on policy, and
relationship to academic or scientific entities; (B) the role or
roles that relevant
[[Page 112 STAT. 3323]]
Federal departments and agencies should have in the
establishment and operation of any such center or centers; and
(C) such other matters as it considers appropriate; and
(2) report to the <<NOTE: Deadline.>> Secretary, the
Secretaries of Defense and Health and Human Services, and the
Committees on Veterans' Affairs of the Senate and House of
Representatives, not later than 1 year after the date of the
enactment of this Act, on its recommendations.
(c) Report on Establishment of National Center.--
<<NOTE: Deadline.>> Not later than 60 days after receiving the report
under subsection (b), the Secretaries specified in subsection (b)(2)
shall submit to the Committees on Veterans' Affairs and Armed Services
of the Senate and the Committees on Veterans' Affairs and Natoinal
Security of the House of Representatives a joint report on the findings
and recommendations contained in that report. Such report may set forth
an operational plan for carrying out any recommendation in that report
to establish a national center or centers for the study of war-related
illnesses. No action to carry out such plan may be taken after the
submission of such report until the end of a 90-day period following the
date of the submission.
SEC. 104. COORDINATION OF ACTIVITIES.
Section 707 of the Persian Gulf War Veterans' Health Status Act
(title VII of Public Law 102-585; 38 U.S.C. 527 note) is
amended--
(1) in the heading, by striking ``government activities on
health-related research'' and inserting the following: ``health-
related government activities'';
(2) in subsection (a), by striking ``research''; and
(3) by striking subsection (b) and inserting the following:
``(b) Public Advisory Committee.--
<<NOTE: Deadlines. Establishment.>> Not later than January 1, 1999, the
head of the department or agency designated under subsection (a) shall
establish an advisory committee consisting of members of the general
public, including Persian Gulf War veterans and representatives of such
veterans, to provide advice to the head of that department or agency on
proposed research studies, research plans, or research strategies
relating to the health consequences of military service in the Southwest
Asia theater of operations during the Persian Gulf War. The department
or agency head shall consult with such advisory committee on a regular
basis.
``(c) Reports.--(1) Not later than March 1 of each year, the head of
the department or agency designated under subsection (a) shall submit to
the Committees on Veterans' Affairs of the Senate and House of
Representatives a report on--
``(A) the status and results of all such research activities
undertaken by the executive branch during the previous year; and
``(B) research priorities identified during that year.
``(2)(A) Not later than 120 days after submission of the
epidemiological research study conducted by the Department of Veterans
Affairs entitled `VA National Survey of Persian Gulf Veterans--Phase
III', the head of the department or agency designated under subsection
(a) shall submit to the congressional committees specified in paragraph
(1) a report on the findings under that study and any other pertinent
medical literature.
``(B) With respect to any findings of that study and any other
pertinent medical literature which identify scientific evidence of
[[Page 112 STAT. 3324]]
a greater relative risk of illness or illnesses in family members of
veterans who served in the Persian Gulf War theater of operations than
in family members of veterans who did not so serve, the head of the
department or agency designated under subsection (a) shall seek to
ensure that appropriate research studies are designed to follow up on
such findings.
``(d) Public Availability of Research Findings.--The head of the
department or agency designated under subsection (a) shall ensure that
the findings of all research conducted by or for the executive branch
relating to the health consequences of military service in the Persian
Gulf theater of operations during the Persian Gulf War (including
information pertinent to improving provision of care for veterans of
such service) are made available to the public through peer-reviewed
medical journals, the World Wide Web, and other appropriate media.
``(e) Outreach.--The head of the department or agency
designated under subsection (a) shall ensure that the appropriate
departments consult and coordinate in carrying out an ongoing program to
provide information to those who served in the Southwest Asia theater of
operations during the Persian Gulf War relating to: (1) the health
risks, if any, resulting from any risk factors associated with such
service; and (2) any services or benefits available with respect to such
health risks.''.
<<NOTE: 38 USC 1117 note.>> SEC. 105. IMPROVING EFFECTIVENESS OF CARE OF
PERSIAN GULF WAR VETERANS.
(a) Assessment by National Academy of Sciences.--
<<NOTE: Deadline. Contracts.>> Not later than April 1, 1999, the
Secretary of Veterans Affairs shall enter into a contract with the
National Academy of Sciences to review the available scientific data in
order to--
(1) assess whether a methodology could be used by the
Department of Veterans Affairs for determining the efficacy of
treatments furnished to, and health outcomes (including
functional status) of, Persian Gulf War veterans who have been
treated for illnesses which may be associated with their service
in the Persian Gulf War; and
(2) identify, to the extent feasible, with respect to each
undiagnosed illness prevalent among such veterans and for any
other chronic illness that the Academy determines to warrant
such review, empirically valid models of treatment for such
illness which employ successful treatment modalities for
populations with similar symptoms.
(b) Action on Report.--(1) After receiving the final report of the
National Academy of Sciences under subsection (a), the Secretary shall,
if a reasonable and scientifically feasible methodology is identified by
the Academy, develop an appropriate mechanism to monitor and study the
effectiveness of treatments furnished to, and health outcomes of,
Persian Gulf War veterans who suffer from diagnosed and undiagnosed
illnesses which may be associated with their service in the Persian Gulf
War.
(2) The Secretary shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a report on the
implementation of paragraph (1).
(3) The Secretary <<NOTE: Deadline.>> shall carry out paragraphs
(1) and (2) not later than 180 days after receiving the final report of
the National Academy of Sciences under subsection (a).
[[Page 112 STAT. 3325]]
SEC. 106. CONTRACT FOR INDEPENDENT RECOMMENDATIONS ON RESEARCH AND FOR
DEVELOPMENT OF CURRICULUM ON CARE OF PERSIAN GULF WAR
VETERANS.
Section 706 of the Persian Gulf War Veterans' Health Status Act
(title VII of Public Law 102-585; 38 U.S.C. 527 note) is amended by
adding at the end the following new subsection:
``(d) Research Review and Development of Medical
Education Curriculum.--(1) In order to further understand the health
consequences of military service in the Persian Gulf theater of
operations during the Persian Gulf War and of new research findings with
implications for improving the provision of care for veterans of such
service, the Secretary of Veterans Affairs and the Secretary of Defense
shall seek to enter into an agreement with the National Academy of
Sciences under which the Institute of Medicine of the Academy would--
``(A) develop a curriculum pertaining to the care and
treatment of veterans of such service who have ill-defined or
undiagnosed illnesses for use in the continuing medical
education of both general and specialty physicians who provide
care for such veterans; and
``(B) on an ongoing basis, periodically review and provide
recommendations regarding the research plans and research
strategies of the Departments relating to the health
consequences of military service in the Persian Gulf theater of
operations during the Persian Gulf War.
``(2) Recommendations to be provided under paragraph (1)(B) include
any recommendations that the Academy considers appropriate for
additional scientific studies (including studies related to treatment
models) to resolve areas of continuing scientific uncertainty relating
to the health consequences of any aspects of such military service. In
making recommendations for additional studies, the Academy shall
consider the available scientific data, the value and relevance of the
information that could result from such studies, and the cost and
feasibility of carrying out such studies.
``(3) <<NOTE: Deadline.>> Not later than 9 months after the
Institute of Medicine provides the Secretaries the curriculum developed
under paragraph (1)(A), the Secretaries shall provide for the conduct of
continuing education programs using that curriculum. Those programs
shall include instruction which seeks to emphasize use of appropriate
protocols of diagnosis, referral, and treatment of such veterans.''.
SEC. 107. EXTENSION AND IMPROVEMENT OF EVALUATION OF HEALTH STATUS OF
SPOUSES AND CHILDREN OF PERSIAN GULF WAR VETERANS.
(a) One-Year Extension.--Subsection (b) of section 107 of the
Persian Gulf War Veterans' Benefits Act (title I of Public Law 103-446;
38 U.S.C. 1117 note) is amended by striking ``December 31, 1998'' and
inserting ``December 31, 1999''.
(b) Termination of Certain Testing and Evaluation Requirements.--
Subsection (a) of such section is amended--
(1) by striking ``the'' after ``Secretary of '';
(2) by striking ``study'' both places it appears and
inserting ``program''; and
(3) by striking the sentence following paragraph (3).
(c) Enhanced Flexibility in Examinations.--Subsection (d) of such
section is amended--
[[Page 112 STAT. 3326]]
(1) by striking ``shall'' and inserting ``may''; and
(2) by inserting ``, including fee arrangements described in
section 1703 of title 38, United States Code'' after
``arrangements''.
(d) Outreach.--Subsection (g) of such section is amended--
(1) by striking ``to ensure'' and all that follows through
the period at the end of paragraph (2) and inserting ``for the
purposes of the program.''; and
(2) by adding at the end the following new sentence: ``In
conducting such outreach activities, the Secretary shall advise
that medical treatment is not available under the program.''.
(e) Report to Congress.--Subsection (i) of such section is amended
to read as follows:
``(i) Report to Congress.-- <<NOTE: Deadline.>> Not later than July
31, 1999, the Secretary shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a report on
activities with respect to the program, including the provision of
services under subsection (d).''.
TITLE II--EDUCATION AND EMPLOYMENT
Subtitle A--Education Matters
SEC. 201. CALCULATION OF REPORTING FEE BASED ON TOTAL
VETERAN ENROLLMENT DURING A CALENDAR YEAR.
(a) In General.--The second sentence of section 3684(c) is amended
by striking ``on October 31'' and all that follows through the period
and inserting ``during the calender year.''.
(b) Funding.--Section 3684(c), as amended by subsection (a), is
further amended by adding at the end the following new sentence: ``The
reporting fee payable under this subsection shall be paid from amounts
appropriated for readjustment benefits.''.
<<NOTE: 38 USC 3684 note.>> (c) Effective Date.--The amendments
made by this section shall apply with respect to calendar years
beginning after December 31, 1998.
SEC. 202. ELECTION OF ADVANCE PAYMENT OF WORK-STUDY
ALLOWANCE.
(a) In General.--The third sentence of section 3485(a)(1) is amended
by striking ``An individual shall be paid in advance'' and inserting
``An individual may elect, in a manner prescribed by the Secretary, to
be paid in advance''.
<<NOTE: 38 USC 3485 note.>> (b) Effective Date.--The amendment made
by subsection (a) shall apply with respect to agreements entered into
under section 3485 of title 38, United States Code, on or after January
1, 1999.
SEC. 203. ALTERNATIVE TO TWELVE SEMESTER HOUR EQUIVALENCY REQUIREMENT.
(a) In General.--The following sections of chapter 30 are each
amended by striking ``successfully completed'' each place it appears and
inserting ``successfully completed (or otherwise received academic
credit for)'': sections 3011(a)(2), 3012(a)(2), 3018(b)(4)(ii),
3018A(a)(2), 3018B(a)(1)(B), 3018B(a)(2)(B), and 3018C(a)(3).
<<NOTE: 38 USC 3011 note.>> (b) Effective Date.--The amendments
made by subsection (a) shall take effect on October 1, 1998.
[[Page 112 STAT. 3327]]
SEC. 204. MEDICAL EVIDENCE FOR FLIGHT TRAINING REQUIREMENTS.
(a) Title 38, United States Code.--Sections 3034(d)(2) and
3241(b)(2) are each amended--
(1) by striking ``pilot's license'' each place it appears
and inserting ``pilot certificate''; and
(2) by inserting ``, on the day the individual begins a
course of flight training,'' after ``meets''.
(b) Title 10, United States Code.--Section 16136(c)(2) of title 10,
United States Code, is amended--
(1) by striking ``pilot's license'' each place it appears
and inserting ``pilot certificate''; and
(2) by inserting ``, on the day the individual begins a
course of flight training,'' after ``meets''.
<<NOTE: 10 USC 16136 note.>> (c) Effective Date.--The amendments
made by this section shall apply with respect to courses of flight
training beginning on or after October 1, 1998.
SEC. 205. WAIVER OF WAGE INCREASE AND MINIMUM PAYMENT RATE REQUIREMENTS
FOR GOVERNMENT JOB TRAINING
PROGRAM APPROVAL.
(a) In General.--Section 3677(b) is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(3) in subparagraph (A), as so redesignated, by striking
``(A)'' and ``(B)'' and inserting ``(i)'' and ``(ii)'',
respectively; and
(4) by adding at the end the following new paragraph:
``(2) The requirement under paragraph (1)(A)(ii) shall not apply
with respect to a training establishment operated by the United States
or by a State or local government.''.
<<NOTE: 38 USC 3677 note.>> (b) Effective Date.--The amendments
made by subsection (a) shall apply with respect to approval of programs
of training on the job under section 3677 of title 38, United States
Code, on or after October 1, 1998.
SEC. 206. EXPANSION OF EDUCATION OUTREACH SERVICES.
(a) Expansion of Education Outreach Services to Members of the Armed
Forces.--Section 3034 is amended by adding at the end the following new
subsection:
``(e)(1) In the case of a member of the Armed Forces who
participates in basic educational assistance under this chapter, the
Secretary shall furnish the information described in paragraph (2) to
each such member. The Secretary shall furnish such information as soon
as practicable after the basic pay of the member has been reduced by
$1,200 in accordance with section 3011(b) or 3012(c) of this title and
at such additional times as the Secretary determines appropriate.
``(2) The information referred to in paragraph (1) is information
with respect to the benefits, limitations, procedures, eligibility
requirements (including time-in-service requirements), and other
important aspects of the basic educational assistance program under this
chapter, including application forms for such basic educational
assistance under section 5102 of this title.
``(3) The Secretary shall furnish the forms described in
paragraph (2) and other educational materials to educational
institutions, training establishments, and military education personnel,
as the Secretary determines appropriate.
[[Page 112 STAT. 3328]]
``(4) The Secretary shall use amounts appropriated for readjustment
benefits to carry out this subsection and section 5102 of this title
with respect to application forms under that section for basic
educational assistance under this chapter.''.
<<NOTE: 38 USC 3034 note.>> (b) Effective Date.--The amendment made
by this section shall take effect 180 days after the date of the
enactment of this Act.
SEC. 207. INFORMATION ON MINIMUM REQUIREMENTS FOR
EDUCATION BENEFITS FOR MEMBERS OF THE ARMED FORCES
DISCHARGED EARLY FROM DUTY FOR THE CONVENIENCE OF THE
GOVERNMENT.
(a) Active Duty Program.--Section 3011 is amended by adding at the
end the following new subsection:
``(i) The Secretary concerned shall inform any member of the Armed
Forces who has not completed that member's initial obligated period of
active duty (as described in subsection (a)(1)(A)) and who indicates the
intent to be discharged or released from such duty for the convenience
of the Federal Government of the minimum active duty requirements for
entitlement to educational assistance benefits under this chapter. Such
information shall be provided to the member in a timely manner.''.
(b) Reserve Program.--Section 3012 is amended by adding at the end
the following new subsection:
``(g)(1) The Secretary concerned shall inform any member of the
Armed Forces who has not completed that member's initial service (as
described in paragraph (2)) and who indicates the intent to be
discharged or released from such service for the convenience of the
Federal Government of the minimum service requirements for entitlement
to educational assistance benefits under this chapter. Such information
shall be provided to the member in a timely manner.
``(2) The initial service referred to in paragraph (1) is the
initial obligated period of active duty (described in subparagraphs
(A)(i) or (B)(i) of subsection (a)(1)) or the period of service in the
Selected Reserve (described in subparagraphs (A)(ii) or (B)(ii) of
subsection (a)(1)).''.
(c) Report to Congress.--Section 3036(b)(1) is amended--
(1) by striking ``and (B)'' and inserting ``(B)''; and
(2) by inserting before the semicolon the following: ``, and
(C) describing the efforts under sections 3011(i) and 3012(g) of
this title to inform members of the Armed Forces of the minimum
service requirements for entitlement to educational assistance
benefits under this chapter and the results from such efforts''.
<<NOTE: 38 USC 3011 note.>> (d) Effective Dates.--(1) The
amendments made by subsections (a) and (b) shall take effect 120 days
after the date of the enactment of this Act.
<<NOTE: 38 USC 3036 note.>> (2) The amendments made by subsection
(c) shall apply with respect to reports to Congress submitted by the
Secretary of Defense under section 3036 of title 38, United States Code,
on or after January 1, 2000.
[[Page 112 STAT. 3329]]
Subtitle B--Uniformed Services Employment and Reemployment Rights Act
Amendments
SEC. 211. ENFORCEMENT OF RIGHTS WITH RESPECT TO A STATE AS AN EMPLOYER.
(a) In General.--Section 4323 is amended to read as follows:
``Sec. 4323. Enforcement of rights with respect to a State or private
employer
``(a) Action for Relief.--(1) A person who receives from the
Secretary a notification pursuant to section 4322(e) of this title of an
unsuccessful effort to resolve a complaint relating to a State (as an
employer) or a private employer may request that the Secretary refer the
complaint to the Attorney General. If the Attorney General is reasonably
satisfied that the person on whose behalf the complaint is referred is
entitled to the rights or benefits sought, the Attorney General may
appear on behalf of, and act as attorney for, the person on whose behalf
the complaint is submitted and commence an action for relief under this
chapter for such person. In the case of such an action against a State
(as an employer), the action shall be brought in the name of the United
States as the plaintiff in the action.
``(2) A person may commence an action for relief with respect to a
complaint against a State (as an employer) or a private employer if the
person--
``(A) has chosen not to apply to the Secretary for
assistance under section 4322(a) of this title;
``(B) has chosen not to request that the Secretary refer the
complaint to the Attorney General under paragraph (1); or
``(C) has been refused representation by the Attorney
General with respect to the complaint under such paragraph.
``(b) Jurisdiction.--(1) In the case of an action against a State
(as an employer) or a private employer commenced by the United States,
the district courts of the United States shall have jurisdiction over
the action.
``(2) In the case of an action against a State (as an employer) by a
person, the action may be brought in a State court of competent
jurisdiction in accordance with the laws of the State.
``(3) In the case of an action against a private employer by a
person, the district courts of the United States shall have jurisdiction
of the action.
``(c) Venue.--(1) In the case of an action by the United States
against a State (as an employer), the action may proceed in the United
States district court for any district in which the State exercises any
authority or carries out any function.
``(2) In the case of an action against a private employer, the
action may proceed in the United States district court for any district
in which the private employer of the person maintains a place of
business.
``(d) Remedies.--(1) In any action under this section, the court may
award relief as follows:
``(A) The court may require the employer to comply with the
provisions of this chapter.
[[Page 112 STAT. 3330]]
``(B) The court may require the employer to compensate the
person for any loss of wages or benefits suffered by reason of
such employer's failure to comply with the provisions of this
chapter.
``(C) The court may require the employer to pay the person
an amount equal to the amount referred to in subparagraph (B) as
liquidated damages, if the court determines that the employer's
failure to comply with the provisions of this chapter was
willful.
``(2)(A) Any compensation awarded under subparagraph (B) or (C) of
paragraph (1) shall be in addition to, and shall not diminish, any of
the other rights and benefits provided for under this chapter.
``(B) In the case of an action commenced in the name of the United
States for which the relief includes compensation awarded under
subparagraph (B) or (C) of paragraph (1), such compensation shall be
held in a special deposit account and shall be paid, on order of the
Attorney General, directly to the person. If the compensation is not
paid to the person because of inability to do so within a period of 3
years, the compensation shall be covered into the Treasury of the United
States as miscellaneous receipts.
``(3) A State shall be subject to the same remedies, including
prejudgment interest, as may be imposed upon any private employer under
this section.
``(e) Equity Powers.--The court may use its full equity powers,
including temporary or permanent injunctions, temporary restraining
orders, and contempt orders, to vindicate fully the rights or benefits
of persons under this chapter.
``(f ) Standing.--An action under this chapter may be initiated only
by a person claiming rights or benefits under this chapter under
subsection (a) or by the United States under subsection (a)(1).
``(g) Respondent.--In any action under this chapter, only an
employer or a potential employer, as the case may be, shall be a
necessary party respondent.
``(h) Fees, Court Costs.--(1) No fees or court costs may be charged
or taxed against any person claiming rights under this chapter.
``(2) In any action or proceeding to enforce a provision of this
chapter by a person under subsection (a)(2) who obtained private counsel
for such action or proceeding, the court may award any such person who
prevails in such action or proceeding reasonable attorney fees, expert
witness fees, and other litigation expenses.
``(i) Inapplicability of State Statute of Limitations.--No State
statute of limitations shall apply to any proceeding under this chapter.
``( j) Definition.--In this section, the term `private employer'
includes a political subdivision of a State.''.
<<NOTE: 38 USC 4323 note.>> (b) Effective Date.--(1) Section 4323
of title 38, United States Code, as amended by subsection (a), shall
apply to actions commenced under chapter 43 of such title on or after
the date of the enactment of this Act, and shall apply to actions
commenced under such chapter before the date of the enactment of this
Act that are not final on the date of the enactment of this Act, without
regard to when the cause of action accrued.
(2) In the case of any such action against a State (as an employer)
in which a person, on the day before the date of the enactment of this
Act, is represented by the Attorney General
[[Page 112 STAT. 3331]]
under section 4323(a)(1) of such title as in effect on such day, the
court shall upon motion of the Attorney General, substitute the United
States as the plaintiff in the action pursuant to such section as
amended by subsection (a).
SEC. 212. PROTECTION OF EXTRATERRITORIAL EMPLOYMENT AND REEMPLOYMENT
RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES.
(a) Definition of Employee.--Section 4303(3) is amended by adding at
the end the following new sentence: ``Such term includes any person who
is a citizen, national, or permanent resident alien of the United States
employed in a workplace in a foreign country by an employer that is an
entity incorporated or otherwise organized in the United States or that
is controlled by an entity organized in the United States, within the
meaning of section 4319(c) of this title.''.
(b) Foreign Countries.--(1) Subchapter II of chapter 43 is amended
by inserting after section 4318 the following new section:
``Sec. 4319. Employment and reemployment rights in foreign countries
``(a) Liability of Controlling United States Employer of Foreign
Entity.--If an employer controls an entity that is incorporated or
otherwise organized in a foreign country, any denial of employment,
reemployment, or benefit by such entity shall be presumed to be by such
employer.
``(b) Inapplicability to Foreign Employer.--This subchapter does not
apply to foreign operations of an employer that is a foreign person not
controlled by an United States employer.
``(c) Determination of Controlling Employer.--For the purpose of
this section, the determination of whether an employer controls an
entity shall be based upon the interrelations of operations, common
management, centralized control of labor relations, and common ownership
or financial control of the employer and the entity.
``(d) Exemption.--Notwithstanding any other provision of this
subchapter, an employer, or an entity controlled by an employer, shall
be exempt from compliance with any of sections 4311 through 4318 of this
title with respect to an employee in a workplace in a foreign country,
if compliance with that section would cause such employer, or such
entity controlled by an employer, to violate the law of the foreign
country in which the workplace is located.''.
(2) The table of sections at the beginning of chapter 43 is amended
by inserting after the item relating to section 4318 the following new
item:
``4319. Employment and reemployment rights in foreign countries.''.
<<NOTE: 38 USC 4303 note.>> (c) Effective Date.--The amendments
made by this section shall apply only with respect to causes of action
arising after the date of the enactment of this Act.
SEC. 213. COMPLAINTS RELATING TO REEMPLOYMENT OF MEMBERS OF THE
UNIFORMED SERVICES IN FEDERAL SERVICE.
(a) In General.--The first sentence of paragraph (1) of section
4324(c) is amended by inserting before the period at the end the
following: ``, without regard as to whether the complaint accrued
before, on, or after October 13, 1994''.
[[Page 112 STAT. 3332]]
<<NOTE: 38 USC 4324 note.>> (b) Effective Date.--The amendment made
by subsection (a) shall apply to complaints filed with the Merit Systems
Protection Board on or after October 13, 1994.
TITLE III--COMPENSATION, PENSION, AND INSURANCE
SEC. 301. MEDAL OF HONOR SPECIAL PENSION.
(a) Increase.--Section 1562(a) is amended by striking ``$400'' and
inserting ``$600''.
<<NOTE: 38 USC 1562 note.>> (b) Effective Date.--The amendment made
by subsection (a) shall take effect on the first day of the first month
beginning on or after the date of the enactment of this Act.
SEC. 302. ACCELERATED DEATH BENEFIT FOR SERVICEMEMBERS' GROUP LIFE
INSURANCE AND VETERANS' GROUP LIFE INSURANCE PARTICIPANTS.
(a) In General.--(1) Subchapter III of chapter 19 is amended by
adding at the end the following new section:
``Sec. 1980. Option to receive accelerated death benefit
``(a) For the purpose of this section, a person shall be considered
to be terminally ill if the person has a medical prognosis such that the
life expectancy of the person is less than a period prescribed by the
Secretary. The maximum length of such period may not exceed 12 months.
``(b)(1) A terminally ill person insured under Servicemembers' Group
Life Insurance or Veterans' Group Life Insurance may elect to receive in
a lump-sum payment a portion of the face value of the insurance as an
accelerated death benefit reduced by an amount necessary to assure that
there is no increase in the actuarial value of the benefit paid, as
determined by the Secretary.
``(2) The Secretary shall prescribe the maximum amount of the
accelerated death benefit available under this section that the
Secretary finds to be administratively practicable and actuarially
sound, but in no event may the amount of the benefit exceed the amount
equal to 50 percent of the face value of the person's insurance in force
on the date the election of the person to receive the benefit is
approved.
``(3) A person making an election under this section may elect to
receive an amount that is less than the maximum amount prescribed under
paragraph (2). The Secretary shall prescribe the increments in which a
reduced amount under this paragraph may be elected.
``(c) The portion of the face value of insurance which is not paid
in a lump sum as an accelerated death benefit under this section shall
remain payable in accordance with the provisions of this chapter.
``(d) Deductions under section 1969 of this title and premiums under
section 1977(c) of this title shall be reduced, in a manner consistent
with the percentage reduction in the face value of the insurance as a
result of payment of an accelerated death benefit under this section,
effective with respect to any amounts which would otherwise become due
on or after the date of payment under this section.
[[Page 112 STAT. 3333]]
`` <<NOTE: Regulations.>> (e) The Secretary shall prescribe
regulations to carry out this section. Such regulations shall include
provisions regarding--
``(1) the form and manner in which an application for an
election under this section shall be made; and
``(2) the procedures under which any such application shall
be considered.
``(f )(1) An election to receive a benefit under this section shall
be irrevocable.
``(2) A person may not make more than one election under this
section, even if the election of the person is to receive less than the
maximum amount of the benefit available to the person under this
section.
``(g) If a person insured under Servicemembers' Group Life Insurance
elects to receive a benefit under this section and the person's
Servicemembers' Group Life Insurance is thereafter converted to
Veterans' Group Life Insurance as provided in section 1968(b) of this
title, the amount of the benefit paid under this section shall reduce
the amount of Veterans' Group Life Insurance available to the person
under section 1977(a) of this title.
``(h) Notwithstanding any other provision of law, the amount of the
accelerated death benefit received by a person under this section shall
not be considered income or resources for purposes of determining
eligibility for or the amount of benefits under any Federal or
federally-assisted program or for any other purpose.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1979 the
following new item:
``1980. Option to receive accelerated death benefit.''.
(b) Conforming Amendments.--Section 1970(g) is amended in the first
sentence--
(1) by striking ``Payments of benefits'' and inserting ``Any
payments''; and
(2) by inserting ``an insured or'' after ``or on account
of,''.
<<NOTE: 38 USC 1970 note.>> (c) Effective Date.--The amendments
made by this section shall take effect 90 days after the date of the
enactment of this Act.
SEC. 303. ASSESSMENT OF EFFECTIVENESS OF INSURANCE AND SURVIVOR BENEFITS
PROGRAMS FOR SURVIVORS OF VETERANS WITH SERVICE-CONNECTED
DISABILITIES.
(a) Report on Assessment.-- <<NOTE: Deadline.>> Not later than
October 1, 1999, the Secretary of Veterans Affairs shall submit to the
Committees on Veterans' Affairs of the Senate and the House of
Representatives a report containing an assessment of the adequacy of the
insurance and survivor benefits programs of the Department of Veterans
Affairs (including the payment of dependency and indemnity compensation
under chapter 13 of title 38, United States Code) in meeting the needs
of survivors of veterans with service-connected disabilities, including
survivors of catastrophically disabled veterans who cared for those
veterans.
(b) Report Elements.--The report on the assessment under subsection
(a) shall include the following:
(1) An identification of the characteristics that make a
disabled veteran catastrophically disabled.
[[Page 112 STAT. 3334]]
(2) A statement of the number of veterans with service-
connected disabilities who participate in insurance programs
administered by the Department.
(3) A statement of the number of survivors of veterans with
service-connected disabilities who receive dependency and
indemnity compensation under chapter 13 of title 38, United
States Code.
(4) Data on veterans with service-connected disabilities
that are relevant to the insurance programs administered by the
Department, and an assessment how such data might be used to
better determine the cost above standard premium rates of
insuring veterans with service-connected disabilities under such
programs.
(5) An analysis of various methods of accounting and
providing for the additional cost of insuring the lives of
veterans with service-connected disabilities under the insurance
programs administered by the Department.
(6) An assessment of the adequacy and effectiveness of the
current insurance programs and dependency and indemnity
compensation programs of the Department in meeting the needs of
survivors of severely disabled or catastrophically disabled
veterans.
(7) An analysis of various methods of meeting the
transitional financial needs of survivors of veterans with
service-connected disabilities immediately after the deaths of
such veterans.
(8) Such recommendations as the Secretary considers
appropriate regarding means of improving the benefits available
to survivors of veterans with service-connected disabilities
under programs administered by the Department.
SEC. 304. NATIONAL SERVICE LIFE INSURANCE PROGRAM.
(a) Eligibility of Certain Veterans for Dividends Under NSLI
Program.--Section 1919(b) is amended--
(1) by striking ``sections 602(c)(2) and'' and inserting
``section''; and
(2) by striking ``sections'' after ``under such'' and
inserting ``section''.
<<NOTE: 38 USC 1919 note.>> (b) Effective Date.--The amendments
made by this section shall take effect at the end of the 90-day period
beginning on the date of the enactment of this Act.
TITLE IV--MEMORIAL AFFAIRS
SEC. 401. COMMEMORATION OF INDIVIDUALS WHOSE REMAINS ARE UNAVAILABLE FOR
INTERMENT.
(a) Memorial Headstones or Markers for Certain
Members of the Armed Forces and Spouses.--Subsection (b) of section 2306
is amended to read as follows:
``(b)(1) The Secretary shall furnish, when requested, an appropriate
memorial headstone or marker for the purpose of commemorating an
eligible individual whose remains are unavailable. Such a headstone or
marker shall be furnished for placement in a national cemetery area
reserved for that purpose under section 2403 of this title, a veterans'
cemetery owned by a State, or, in the case of a veteran, in a State,
local, or private cemetery.
[[Page 112 STAT. 3335]]
``(2) For purposes of paragraph (1), an eligible individual is any
of the following:
``(A) A veteran.
``(B) The spouse or surviving spouse of a veteran.
``(3) For purposes of paragraph (1), the remains of an individual
shall be considered to be unavailable if the individual's remains--
``(A) have not been recovered or identified;
``(B) were buried at sea, whether by the individual's own
choice or otherwise;
``(C) were donated to science; or
``(D) were cremated and the ashes scattered without
interment of any portion of the ashes.
``(4) For purposes of this subsection:
``(A) The term `veteran' includes an individual who dies in
the active military, naval, or air service.
``(B) The term `surviving spouse' includes an unremarried
surviving spouse whose subsequent remarriage was terminated by
death or divorce.''.
(b) Alternative Commemoration for Certain Spouses.--Such section is
further amended by adding at the end the following new subsection:
``(e)(1) When the Secretary has furnished a headstone or marker
under subsection (a) for the unmarked grave of an individual, the
Secretary shall, if feasible, add a memorial inscription to that
headstone or marker rather than furnishing a separate headstone or
marker under that subsection for the surviving spouse of such
individual.
``(2) When the Secretary has furnished a memorial headstone or
marker under subsection (b) for purposes of commemorating a veteran or
an individual who died in the active military, naval, or air service,
the Secretary shall, if feasible, add a memorial inscription to that
headstone or marker rather than furnishing a separate memorial headstone
or marker under that subsection for the surviving spouse of such
individual.''.
(c) Memorial Areas.--Section 2403(b) is amended to read as follows:
`` <<NOTE: Regulations.>> (b) Under regulations prescribed by the
Secretary, group memorials may be placed to honor the memory of groups
of individuals referred to in subsection (a), and appropriate memorial
headstones and markers may be placed to honor the memory of individuals
referred to in subsection (a) and section 2306(b) of this title.''.
<<NOTE: 38 USC 2306 note.>> (d) Effective Date.--The amendments
made by subsections (a) and (b) shall apply to deaths occurring after
the date of the enactment of this Act.
SEC. 402. MERCHANT MARINER BURIAL AND CEMETERY BENEFITS.
(a) Benefits.--Part G of subtitle II of title 46, United States
Code, is amended by inserting after chapter 111 the following new
chapter:
``CHAPTER 112--MERCHANT MARINER BENEFITS
``Sec.
``11201. Eligibility for veterans' burial and cemetery benefits.
``11202. Qualified service.
``11203. Documentation of qualified service.
``11204. Processing fees.
[[Page 112 STAT. 3336]]
``Sec. 11201. Eligibility for veterans' burial and cemetery benefits
``(a) Eligibility.--
``(1) In general.--The qualified service of a person
referred to in paragraph (2) shall be considered to be active
duty in the Armed Forces during a period of war for purposes of
eligibility for benefits under the following provisions of title
38:
``(A) Chapter 23 (relating to burial benefits).
``(B) Chapter 24 (relating to interment in national
cemeteries).
``(2) Covered individuals.--Paragraph (1) applies to a
person who--
``(A) receives an honorable service certificate
under
section 11203 of this title; and
``(B) is not eligible under any other provision of
law for benefits under laws administered by the
Secretary of Veterans Affairs.
``(b) Reimbursement for Benefits Provided.--The Secretary shall
reimburse the Secretary of Veterans Affairs for the value of benefits
that the Secretary of Veterans Affairs provides for a person by reason
of eligibility under this section.
``(c) Applicability.--
``(1) General rule.--Benefits may be provided under the
provisions of law referred to in subsection (a)(1) by reason of
this chapter only for deaths occurring after the date of the
enactment of this chapter.
``(2) Burials, etc. in national cemeteries.--Notwithstanding
paragraph (1), in the case of an initial burial or columbarium
placement after the date of the enactment of this chapter,
benefits may be provided under chapter 24 of title 38 by reason
of this chapter (regardless of the date of death), and in such a
case benefits may be provided under section 2306 of such title.
``Sec. 11202. Qualified service
``For purposes of this chapter, a person shall be considered to have
engaged in qualified service if, between August 16, 1945, and December
31, 1946, the person--
``(1) was a member of the United States merchant marine
(including the Army Transport Service and the Naval Transport
Service) serving as a crewmember of a vessel that was--
``(A) operated by the War Shipping Administration or
the Office of Defense Transportation (or an agent of the
Administration or Office);
``(B) operated in waters other than inland waters,
the Great Lakes, and other lakes, bays, and harbors of
the United States;
``(C) under contract or charter to, or property of,
the Government of the United States; and
``(D) serving the Armed Forces; and
``(2) while so serving, was licensed or otherwise documented
for service as a crewmember of such a vessel by an officer or
employee of the United States authorized to license or document
the person for such service.
[[Page 112 STAT. 3337]]
``Sec. 11203. Documentation of qualified service
``(a) Record of Service.--The Secretary, or in the case of personnel
of the Army Transport Service or the Naval Transport Service, the
Secretary of Defense, shall, upon application--
``(1) issue a certificate of honorable service to a person
who, as determined by that Secretary, engaged in qualified
service of a nature and duration that warrants issuance of the
certificate; and
``(2) correct, or request the appropriate official of the
Federal Government to correct, the service records of that
person to the extent necessary to reflect the qualified service
and the issuance of the certificate of honorable service.
``(b) Timing of Documentation.--A Secretary receiving an application
under subsection (a) shall act on the application not later than 1 year
after the date of that receipt.
``(c) Standards Relating to Service.--In making a determination
under subsection (a)(1), the Secretary acting on the application shall
apply the same standards relating to the nature and duration of service
that apply to the issuance of honorable discharges under section
401(a)(1)(B) of the GI Bill Improvement Act of 1977 (38 U.S.C. 106
note).
``(d) Correction of Records.--An official who is requested under
subsection (a)(2) to correct the service records of a person shall make
such correction.
``Sec. 11204. Processing fees
``(a) Collection of Fees.--The Secretary, or in the case of
personnel of the Army Transport Service or the Naval Transport Service,
the Secretary of Defense, shall collect a fee of $30 from each applicant
for processing an application submitted under section 11203(a) of this
title.
``(b) Treatment of Fees Collected.--Amounts received by the
Secretary under this section shall be deposited in the General Fund of
the Treasury as offsetting receipts of the department in which the Coast
Guard is operating and ascribed to Coast Guard activities. Amounts
received by the Secretary of Defense under this section shall be
deposited in the General Fund of the Treasury as offsetting receipts of
the Department of Defense. In either case, such amounts shall be
available, subject to appropriation, for the administrative costs of
processing applications under section 11203 of this title.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
subtitle II of title 46, United States Code, is amended by inserting
after the item relating to chapter 111 the following new item:
``112. Merchant Mariner Benefits................................11201''.
<<NOTE: 38 USC 2400 note.>> SEC. 403. REDESIGNATION OF NATIONAL CEMETERY
SYSTEM AND ESTABLISHMENT OF UNDER SECRETARY FOR MEMORIAL
AFFAIRS.
(a) Redesignation as National Cemetery Administration.--(1) The
National Cemetery System of the Department of Veterans Affairs shall
hereafter be known and designated as the National Cemetery
Administration. The position of Director of the National Cemetery System
is hereby redesignated as Under Secretary of Veterans Affairs for
Memorial Affairs.
[[Page 112 STAT. 3338]]
(2) Section 301(c)(4) is amended by striking ``National Cemetery
System'' and inserting ``National Cemetery Administration''.
(3) Section 307 is amended--
(A) in the first sentence, by striking ``a Director of the
National Cemetery System'' and inserting ``an Under Secretary
for Memorial Affairs''; and
(B) in the second sentence, by striking ``The Director'' and
all that follows through ``National Cemetery System'' and
inserting ``The Under Secretary is the head of the National
Cemetery Administration''.
(b) Pay Rate for Under Secretary.--Chapter 53 of title 5, United
States Code, is amended--
(1) in section 5314, by inserting after the item relating to
the Under Secretary for Benefits of the Department of Veterans
Affairs the following new item:
``Under Secretary for Memorial Affairs, Department of
Veterans Affairs.''; and
(2) in section 5315, by striking ``Director of the National
Cemetery System.''.
(c) Conforming Amendments.--
(1)(A) The heading of section 307 is amended to read as
follows:
``Sec. 307. Under Secretary for Memorial Affairs''.
(B) The item relating to section 307 in the table of
sections at the beginning of chapter 3 is amended to read as
follows:
``307. Under Secretary for Memorial Affairs.''.
(2) Section 2306(d) is amended by striking ``within the
National Cemetery System'' each place such term appears and
inserting ``under the control of the National Cemetery
Administration''.
(3) Section 2400 is amended--
(A) in subsection (a)--
(i) by striking ``National Cemetery System''
and inserting ``National Cemetery Administration
responsible''; and
(ii) in the second sentence, by striking
``Such system'' and all that follows through
``National Cemetery System'' and inserting ``The
National Cemetery Administration shall be headed
by the Under Secretary for Memorial Affairs'';
(B) in subsection (b), by striking ``National
Cemetery System'' and inserting ``national cemeteries
and other facilities under the control of the National
Cemetery Administration''; and
(C) by amending the heading to read as follows:
``Sec. 2400. Establishment of National Cemetery Administration;
composition of Administration''.
(4) The item relating to section 2400 in the table of
sections at the beginning of chapter 24 is amended to read as
follows:
``2400. Establishment of National Cemetery Administration; composition
of Administration.''.
(5) Section 2402 is amended in the matter preceding
paragraph (1) by striking ``in the National Cemetery System''
and
[[Page 112 STAT. 3339]]
inserting ``under the control of the National Cemetery
Administration''.
(6) Section 2403(c) is amended by striking ``in the National
Cemetery System created by this chapter'' and inserting ``under
the control of the National Cemetery Administration''.
(7) Section 2405(c) is amended--
(A) by striking ``within the National Cemetery
System'' and inserting ``under the control of the
National Cemetery Administration''; and
(B) by striking ``within such System'' and inserting
``under the control of such Administration''.
(8) Section 2408(c)(1) is amended by striking ``in the
National Cemetery System'' and inserting ``under the control of
the National Cemetery Administration''.
<<NOTE: 38 USC 2400 note.>> (d) References.--
(1) Any reference in a law, map, regulation, document,
paper, or other record of the United States to the National
Cemetery System shall be deemed to be a reference to the
National Cemetery Administration.
(2) Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Director of
the National Cemetery System shall be deemed to be a reference
to the Under Secretary of Veterans Affairs for Memorial Affairs.
SEC. 404. STATE CEMETERY GRANTS PROGRAM.
(a) Amount of Grant Relative to Project Cost.--(1)
Paragraphs (1) and (2) of section 2408(b) are amended to read as
follows:
``(1) The amount of a grant under this section may not
exceed--
``(A) in the case of the establishment of a new
cemetery, the sum of: (i) the cost of improvements to be
made on the land to be converted into a cemetery; and
(ii) the cost of initial equipment necessary to operate
the cemetery; and
``(B) in the case of the expansion or improvement of
an existing cemetery, the sum of: (i) the cost of
improvements to be made on any land to be added to the
cemetery; and (ii) the cost of any improvements to be
made to the existing cemetery.
``(2) If the amount of a grant under this section is less
than the amount of costs referred to in subparagraph (A) or (B)
of paragraph (1), the State receiving the grant shall contribute
the excess of such costs over the grant.''.
<<NOTE: 38 USC 2408 note.>> (2) The amendment made by paragraph (1)
shall apply with respect to grants under section 2408 of title 38,
United States Code, made after the end of the 60-day period beginning on
the date of the enactment of this Act.
(b) Authorization of Appropriations Without Fiscal Year
Limitation.--The first sentence of section 2408(e) is amended by
striking ``shall remain available until the end of the second fiscal
year following the fiscal year for which they are appropriated'' and
inserting ``shall remain available until expended''.
(c) Extension of Authorization of Appropriations for Grant
Program.--Paragraph (2) of section 2408(a) is amended to read as
follows:
[[Page 112 STAT. 3340]]
``(2) There is authorized to be appropriated such sums as may be
necessary for fiscal year 1999 and for each succeeding fiscal year
through fiscal year 2004 for the purpose of making grants under
paragraph (1).''.
TITLE V--COURT OF VETERANS APPEALS
Subtitle A--Administrative Provisions Relating to the Court
SEC. 501. CONTINUATION IN OFFICE OF JUDGES PENDING CONFIRMATION FOR
SECOND TERM.
Section 7253(c) is amended by adding at the end the following new
sentence: ``A judge who is nominated by the President for appointment to
an additional term on the Court without a break in service and whose
term of office expires while that nomination is pending before the
Senate may continue in office for up to 1 year while that nomination is
pending.''.
SEC. 502. EXEMPTION OF RETIREMENT FUND FROM SEQUESTRATION ORDERS.
Section 7298 is amended by adding at the end the following new
subsection:
``(g) For purpose of section 255(g)(1)(B) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(B)), the
retirement fund shall be treated in the same manner as the Claims
Judges' Retirement Fund.''.
SEC. 503. ADJUSTMENTS FOR SURVIVOR ANNUITIES.
Subsection (o) of section 7297 is amended to read as follows:
``(o) Each survivor annuity payable from the retirement fund shall
be increased at the same time as, and by the same percentage by which,
annuities payable from the Judicial Survivors' Annuities Fund are
increased pursuant to section 376(m) of title 28.''.
SEC. 504. REPORTS ON RETIREMENT PROGRAM MODIFICATIONS.
(a) Report on Judges' Retirement System.-- <<NOTE: Deadline.>> Not
later than 1 year after the date of the enactment of this Act, the chief
judge of the United States Court of Appeals for Veterans Claims shall
submit to the Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the feasibility and desirability of merging
the retirement plan of the judges of that court with retirement plans of
other Federal judges.
(b) Report on Survivor Annuities Plan.-- <<NOTE: Deadline.>> Not
later than 6 months after the date of the enactment of this Act, the
chief judge of the United States Court of Appeals for Veterans Claims
shall submit to the Committees on Veterans' Affairs of the Senate and
House of Representatives a report on the feasibility and desirability of
allowing judges of that court to participate in the survivor annuity
programs available to other Federal judges.
[[Page 112 STAT. 3341]]
Subtitle B--Renaming of Court
SEC. 511. RENAMING OF THE COURT OF VETERANS APPEALS.
<<NOTE: 38 USC 7251 note.>> (a) In General.--The United States
Court of Veterans Appeals is hereby renamed as, and shall hereafter be
known and designated as, the United States Court of Appeals for Veterans
Claims.
(b) Section 7251.--Section 7251 is amended by striking ``United
States Court of Veterans Appeals'' and inserting ``United States Court
of Appeals for Veterans Claims''.
SEC. 512. CONFORMING AMENDMENTS.
(a) Conforming Amendments to Title 38, United States Code.--
(1) The following sections are amended by striking ``Court
of Veterans Appeals'' each place it appears and inserting
``Court of Appeals for Veterans Claims'': sections 5904,
7101(b), 7252(a), 7253, 7254, 7255, 7256, 7261, 7262, 7263,
7264, 7266(a)(1), 7267(a), 7268(a), 7269, 7281(a), 7282(a),
7283, 7284, 7285(a), 7286, 7291, 7292, 7296, 7297, and 7298.
(2)(A) The heading of section 7286 is amended to read as
follows:
``Sec. 7286. Judicial Conference of the Court''.
(B) The heading of section 7291 is amended to read as
follows:
``Sec. 7291. Date when Court decision becomes final''.
(C) The heading of section 7298 is amended to read as
follows:
``Sec. 7298. Retirement Fund''.
(3) The table of sections at the beginning of chapter 72 is
amended as follows:
(A) The item relating to section 7286 is amended to
read as follows:
``7286. Judicial Conference of the Court.''.
(B) The item relating to section 7291 is amended to
read as follows:
``7291. Date when Court decision becomes final.''.
(C) The item relating to section 7298 is amended to
read as follows:
``7298. Retirement Fund.''.
(4)(A) The heading of chapter 72 is amended to read as
follows:
``CHAPTER 72--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS''.
(B) The item relating to chapter 72 in the table of chapters
at the beginning of title 38, United States Code, and the item
relating to such chapter in the table of chapters at the
beginning of part V are amended to read as follows:
``72. United States Court of Appeals for Veterans Claims.........7251''.
(b) Conforming Amendments to Other Laws.--
[[Page 112 STAT. 3342]]
(1) The following provisions of law are amended by striking
``Court of Veterans Appeals'' each place it appears and
inserting ``Court of Appeals for Veterans Claims'':
(A) Section 8440d of title 5, United States Code.
(B) Section 2412 of title 28, United States Code.
(C) Section 906 of title 44, United States Code.
(D) Section 109 of the Ethics in Government Act of
1978 (5 U.S.C. App.).
(2)(A) The heading of section 8440d of title 5, United
States Code, is amended to read as follows:
``Sec. 8440d. Judges of the United States Court of Appeals for Veterans
Claims''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 84 of such title is amended
to read as follows:
``8440d. Judges of the United States Court of Appeals for Veterans
Claims.''.
<<NOTE: 38 USC 7251 note.>> (c) Other Legal References.--Any
reference in a law, regulation, document, paper, or other record of the
United States to the United States Court of Veterans Appeals shall be
deemed to be a reference to the United States Court of Appeals for
Veterans Claims.
<<NOTE: 38 USC 7251 note.>> SEC. 513. EFFECTIVE DATE.
This subtitle, and the amendments made by this subtitle, shall take
effect on the first day of the first month beginning more than 90 days
after the date of the enactment of this Act.
TITLE VI--HOUSING
SEC. 601. LOAN GUARANTEE FOR MULTIFAMILY TRANSITIONAL
HOUSING FOR HOMELESS VETERANS.
(a) In General.--Chapter 37 is amended by adding at the end the
following new subchapter:
``SUBCHAPTER VI--LOAN GUARANTEE FOR MULTIFAMILY TRANSITIONAL HOUSING FOR
HOMELESS VETERANS
``Sec. 3771. Definitions
``For purposes of this subchapter:
``(1) The term `veteran' has the meaning given such term by
paragraph (2) of section 101.
``(2) The term `homeless veteran' means a veteran who is a
homeless individual.
``(3) The term `homeless individual' has the meaning given
such term by section 103 of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11302).
``Sec. 3772. General authority
``(a) The Secretary may guarantee the full or partial repayment of a
loan that meets the requirements of this subchapter.
``(b)(1) Not more than 15 loans may be guaranteed under subsection
(a), of which not more than five such loans may be guaranteed during the
3-year period beginning on the date of the enactment of this subchapter.
[[Page 112 STAT. 3343]]
``(2) A guarantee of a loan under subsection (a) shall be in an
amount that is not less than the amount necessary to sell the loan in a
commercial market.
``(3) Not more than an aggregate amount of $100,000,000 in loans may
be guaranteed under subsection (a).
``(c) A loan may not be guaranteed under this subchapter unless,
before closing such loan, the Secretary has approved the loan.
`` <<NOTE: Contracts.>> (d)(1) The Secretary shall enter into
contracts with a qualified nonprofit organization, or other qualified
organization, that has experience in underwriting transitional housing
projects to obtain advice in carrying out this subchapter, including
advice on the terms and conditions necessary for a loan that meets the
requirements of section 3773 of this title.
``(2) For purposes of paragraph (1), a nonprofit organization is an
organization that is described in paragraph (3) or (4) of subsection (c)
of section 501 of the Internal Revenue Code of 1986 and is exempt from
tax under subsection (a) of such section.
``(e) The Secretary may carry out this subchapter in advance of the
issuance of regulations for such purpose.
``(f ) The Secretary may guarantee loans under this subchapter
notwithstanding any requirement for prior appropriations for such
purpose under any provision of law.
``Sec. 3773. Requirements
``(a) A loan referred to in section 3772 of this title meets the
requirements of this subchapter if each of the following requirements is
met:
``(1) The loan--
``(A) is for--
``(i) construction of, rehabilitation of, or
acquisition of land for a multifamily transitional
housing project described in subsection (b), or
more than one of such purposes; or
``(ii) refinancing of an existing loan for
such a project; and
``(B) may also include additional reasonable amounts
for--
``(i) financing acquisition of furniture,
equipment, supplies, or materials for the project;
or
``(ii) in the case of a loan made for purposes
of subparagraph (A)(i), supplying the organization
carrying out the project with working capital
relative to the project.
``(2) The loan is made in connection with funding or the
provision of substantial property or services for such project
by either a State or local government or a nongovernmental
entity, or both.
``(3) The maximum loan amount does not exceed the lesser
of--
``(A) that amount generally approved (utilizing
prudent underwriting principles) in the consideration
and approval of projects of similar nature and risk so
as to assure repayment of the loan obligation; and
``(B) 90 percent of the total cost of the project.
``(4) The loan is of sound value, taking into account the
creditworthiness of the entity (and the individual members of
the entity) applying for such loan.
[[Page 112 STAT. 3344]]
``(5) The loan is secured.
``(6) The loan is subject to such terms and conditions as
the Secretary determines are reasonable, taking into account
other housing projects with similarities in size, location,
population, and services provided.
``(b) For purposes of this subchapter, a multifamily transitional
housing project referred to in subsection (a)(1) is a project that--
``(1) provides transitional housing to homeless veterans,
which housing may be single room occupancy (as defined in
section 8(n) of the United States Housing Act of 1937 (42 U.S.C.
1437f (n)));
``(2) provides supportive services and counselling services
(including job counselling) at the project site with the goal of
making such veterans self-sufficient;
``(3) requires that each such veteran seek to obtain and
maintain employment;
``(4) charges a reasonable fee for occupying a unit in such
housing; and
``(5) maintains strict guidelines regarding sobriety as a
condition of occupying such unit.
``(c) Such a project--
``(1) may include space for neighborhood retail services or
job training programs; and
``(2) may provide transitional housing to veterans who are
not homeless and to homeless individuals who are not veterans
if--
``(A) at the time of taking occupancy by any such
veteran or homeless individual, the transitional housing
needs of homeless veterans in the project area have been
met;
``(B) the housing needs of any such veteran or
homeless individual can be met in a manner that is
compatible with the manner in which the needs of
homeless veterans are met under paragraph (1); and
``(C) the provisions of paragraphs (4) and (5) of
subsection (b) are met.
``(d) In determining whether to guarantee a loan under this
subchapter, the Secretary shall consider--
``(1) the availability of Department of Veterans Affairs
medical services to residents of the multifamily transitional
housing project; and
``(2) the extent to which needs of homeless veterans are met
in a community, as assessed under section 107 of Public Law 102-
405.
``Sec. 3774. Default
``(a) The Secretary shall take such steps as may be necessary to
obtain repayment on any loan that is in default and that is guaranteed
under this subchapter.
``(b) Upon default of a loan guaranteed under this subchapter and
terminated pursuant to State law, a lender may file a claim under the
guarantee for an amount not to exceed the lesser of--
``(1) the maximum guarantee; or
``(2) the difference between--
``(A) the total outstanding obligation on the loan,
including principal, interest, and expenses authorized
by
[[Page 112 STAT. 3345]]
the loan documents, through the date of the public sale
(as authorized under such documents and State law); and
``(B) the amount realized at such sale.
``Sec. 3775. Audit
``During each of the first 3 years of operation of a multifamily
transitional housing project with respect to which a loan is guaranteed
under this subchapter, there shall be an annual, independent audit of
such operation. Such audit shall include a detailed statement of the
operations, activities, and accomplishments of such project during the
year covered by such audit. The party responsible for obtaining such
audit (and paying the costs therefor) shall be determined before the
Secretary issues a guarantee under this subchapter.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 37 is amended by adding at the end the following new items:
``SUBCHAPTER VI--LOAN GUARANTEE FOR MULTIFAMILY TRANSITIONAL HOUSING FOR
HOMELESS VETERANS
``3771. Definitions.
``3772. General authority.
``3773. Requirements.
``3774. Default.
``3775. Audit.''.
SEC. 602. VETERANS HOUSING BENEFIT PROGRAM FUND ACCOUNT CONSOLIDATION.
(a) Consolidation of Housing Loan Revolving Funds.--Subchapter III
of chapter 37 is amended--
(1) by striking sections 3723, 3724, and 3725; and
(2) by inserting after section 3721 the following new
section:
``Sec. 3722. Veterans Housing Benefit Program Fund
`` <<NOTE: Establishment.>> (a) There is hereby established in the
Treasury of the United States a fund known as the Veterans Housing
Benefit Program Fund (hereafter in this section referred to as the
`Fund').
``(b) The Fund shall be available to the Secretary, without fiscal
year limitation, for all housing loan operations under this chapter,
other than administrative expenses, consistent with the Federal Credit
Reform Act of 1990.
``(c) There shall be deposited into the Fund the following, which
shall constitute the assets of the Fund:
``(1) Any amount appropriated to the Fund.
``(2) Amounts paid into the Fund under section 3729 of this
title or any other provision of law or regulation established by
the Secretary imposing fees on persons or other entities
participating in the housing loan programs under this chapter.
``(3) All other amounts received by the Secretary on or
after October 1, 1998, incident to housing loan operations under
this chapter, including--
``(A) collections of principal and interest on
housing loans made by the Secretary under this chapter;
``(B) proceeds from the sale, rental, use, or other
disposition of property acquired under this chapter;
``(C) proceeds from the sale of loans pursuant to
sections 3720(h) and 3733(a)(3) of this title; and
``(D) penalties collected pursuant to section
3710(g)(4)(B) of this title.
[[Page 112 STAT. 3346]]
``(d) Amounts deposited into the Fund under paragraphs (2) and (3)
of subsection (c) shall be deposited in the appropriate financing or
liquidating account of the Fund.
``(e) For purposes of this section, the term `housing loan' shall
not include a loan made pursuant to subchapter V of this chapter.''.
<<NOTE: 38 USC 3722 note.>> (b) Transfers of Amounts into Veterans
Housing Benefit Program Fund.--All amounts in the following funds are
hereby transferred to the Veterans Housing Benefit Program Fund:
(1) The Direct Loan Revolving Fund, as such fund was
continued under section 3723 of title 38, United States Code (as
such section was in effect on the day before the effective date
of this title).
(2) The Department of Veterans Affairs Loan Guaranty
Revolving Fund, as established by section 3724 of such title (as
such section was in effect on the day before the effective date
of this title).
(3) The Guaranty and Indemnity Fund, as established by
section 3725 of such title (as such section was in effect on the
day before the effective date of this title).
(c) Repeal of Authority to Sell Participation Certificates and of
Obsolete Requirement to Credit Proceeds.--
(1) Repeal of authority to sell participation
certificates.--Section 3720 is amended by striking subsection
(e).
(2) Repeal of obsolete requirement to credit
proceeds.--Section 3733 is amended by striking subsection (e).
(d) Submission of Summary Financial Statement on
Housing Programs.--Section 3734 is amended by adding at the end the
following new subsection:
``(c) The information submitted under subsection (a) shall include a
statement that summarizes the financial activity of each of the housing
programs operated under this chapter. The statement shall be presented
in a form that is simple, concise, and readily understandable, and shall
not include references to financing accounts, liquidating accounts, or
program accounts.''.
(e) Conforming and Clerical Amendments.--
(1) Conforming amendments to chapter 37.--Chapter 37 is
amended as follows:
(A) Section 3703(e)(1) is amended by striking
``3729(c)(1)'' and inserting ``3729(c)''.
(B) Section 3711(k) is amended by striking ``and
section 3723 of this title'' both places it appears.
(C) Section 3727(c) is amended by striking ``funds
established pursuant to sections 3723 and 3724 of this
title, as applicable'' and inserting ``fund established
pursuant to section 3722 of this title''.
(D) Section 3729 is amended--
(i) in subsection (c)--
(I) by striking ``(c)(1)'' and
inserting ``(c)''; and
(II) by striking paragraphs (2) and
(3); and
(ii) in subsection (a)(1), by striking
``(c)(1)'' and inserting ``(c)''.
(E) Section 3733(a)(6) is amended by striking
``Department of Veterans Affairs Loan Guaranty Revolving
Fund established by section 3724(a)'' and inserting
``Veterans
[[Page 112 STAT. 3347]]
Housing Benefit Program Fund established by section
3722(a)''.
(F) Section 3734, as amended by subsection (d), is
further amended--
(i) in subsection (a)--
(I) by striking ``Loan Guaranty
Revolving Fund and the Guaranty and
Indemnity Fund'' in paragraph (1) and
inserting ``Veterans Housing Benefit
Program Fund''; and
(II) by striking ``funds,'' in
paragraph (2) and inserting ``fund,'';
(ii) in subsection (b), by striking ``each
fund'' in the matter preceding paragraph (1) and
inserting ``the fund''; and
(iii) in subsection (b)(2)--
(I) by striking subparagraph (B);
(II) by redesignating subparagraphs
(C), (D), (E), (F), and (G) as
subparagraphs (B), (C), (D), (E), and
(F), respectively; and
(III) in subparagraph (B), as so
redesignated, by striking ``subsections
(a)(3) and (c)(2) of section 3729'' and
inserting ``section 3729(a)(3)''.
(G) Section 3735(a)(3)(A)(i) is amended by striking
``Loan Guaranty Revolving Fund and the Guaranty and
Indemnity Fund'' and inserting ``Veterans Housing
Benefit Program Fund''.
(2) Other conforming amendment.--Section 2106(e) is amended
by striking ``, as appropriate, deposited in either the direct
loan or loan guaranty revolving fund established by section 3723
or 3724 of this title, respectively'' and inserting ``deposited
in the Veterans Housing Benefit Program Fund established by
section 3722 of this title''.
(3) Technical and clerical amendments.--(A) The
heading for section 3734 is amended to read as follows:
``Sec. 3734. Annual submission of information on the Veterans Housing
Benefit Program Fund and housing programs''.
(B) The heading for section 3763 is amended to read as
follows:
``Sec. 3763. Native American Veteran Housing Loan Program Account''.
(C) The table of sections at the beginning of chapter 37 is
amended--
(i) by inserting after the item relating to section
3721 the following new item:
``3722. Veterans Housing Benefit Program Fund.'';
(ii) by striking the items relating to sections
3723, 3724, and 3725;
(iii) by striking the item relating to section 3734
and inserting the following:
``3734. Annual submission of information on the Veterans Housing Benefit
Program Fund and housing programs.'';
and
[[Page 112 STAT. 3348]]
(iv) by striking the item relating to section 3763
and inserting the following:
``3763. Native American Veteran Housing Loan Program Account.''.
<<NOTE: 38 USC 2106 note.>> (f ) Effective Date.--This title and
the amendments made by this title shall take effect on October 1, 1998.
SEC. 603. EXTENSION OF ELIGIBILITY OF MEMBERS OF SELECTED RESERVE FOR
VETERANS HOUSING LOANS.
(a) Extension.--Section 3702(a)(2)(E) is amended by striking
``October 27, 1999,'' and inserting ``September 30, 2003,''.
(b) One-Year Extension of Fee Provision.--Section 3729(a)(4) is
amended--
(1) by striking ``With respect to a loan closed after
September 30, 1993, and before October 1, 2002,'' and inserting
``(A) With respect to a loan closed during the period specified
in subparagraph (B)''; and
(2) by adding at the end the following:
``(B) The specified period for purposes of subparagraph (A) is the
period beginning on October 1, 1993, and ending on September 30, 2002,
except that in the case of a loan described in subparagraph (D) of
paragraph (2), such period ends on September 30, 2003.''.
SEC. 604. APPLICABILITY OF PROCUREMENT LAW TO CERTAIN
CONTRACTS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 3720(b) is amended by striking
``; however'' and all that follows and inserting the following: ``,
except that title III of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 251 et seq.) shall apply to any contract
for services or supplies on account of any property acquired pursuant to
this section.''.
<<NOTE: 38 USC 3720 note.>> (b) Effective Date.--The amendment made
by subsection (a) shall apply with respect to contracts entered into
under section 3720 of title 38, United States Code, after the end of the
60-day period beginning on the date of the enactment of this Act.
TITLE VII--CONSTRUCTION AND FACILITIES MATTERS
SEC. 701. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS.
(a) In General.--The Secretary of Veterans Affairs may carry out the
following major medical facility projects, with each project to be
carried out in the amount specified for that project:
(1) Alterations and demolition at the Department of Veterans
Affairs Medical Center, Long Beach, California, in an amount not
to exceed $23,200,000.
(2) Construction and seismic work at the Department of
Veterans Affairs Medical Center, San Juan, Puerto Rico, in an
amount not to exceed $50,000,000.
(3) Outpatient clinic expansion at the Department of
Veterans Affairs Medical Center, Washington, D.C., in an amount
not to exceed $29,700,000.
(4) Construction of a psychogeriatric care building and
demolition of a seismically unsafe building at the Department of
Veterans Affairs Medical Center, Palo Alto, California, in an
amount not to exceed $22,400,000.
[[Page 112 STAT. 3349]]
(5) Construction of an ambulatory care addition and
renovations for ambulatory care at the Department of Veterans
Affairs Medical Center, Cleveland (Wade Park), Ohio, in an
amount not to exceed $28,300,000, of which $7,500,000 shall be
derived from funds appropriated for a fiscal year before fiscal
year 1999 that remain available for obligation.
(6) Construction of an ambulatory care addition at the
Department of Veterans Affairs Medical Center, Tucson, Arizona,
in an amount not to exceed $35,000,000.
(7) Construction of an addition for psychiatric care at the
Department of Veterans Affairs Medical Center, Dallas, Texas, in
an amount not to exceed $24,200,000.
(8) Outpatient clinic projects at Auburn and Merced,
California, as part of the Northern California Healthcare
Systems Project, in an amount not to exceed $3,000,000, to be
derived only from funds appropriated for Construction, Major
Projects, for a fiscal year before fiscal year 1999 that remain
available for obligation.
(9) Renovations to a nursing home care unit at the
Department of Veterans Affairs Medical Center, Lebanon,
Pennsylvania, in an amount not to exceed $9,500,000.
(10) Construction of a spinal cord injury center at the
Department of Veterans Affairs Medical Center, Tampa, Florida,
in an amount not to exceed $46,300,000, of which $20,000,000
shall be derived from funds appropriated for a fiscal year
before fiscal year 1999 that remain available for obligation.
(b) Construction of Parking Facility.--The Secretary may construct a
parking structure at the Department of Veterans Affairs Medical Center,
Denver, Colorado, in an amount not to exceed $13,000,000, of which
$11,900,000 shall be derived from funds in the Parking Revolving Fund.
SEC. 702. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES.
The Secretary of Veterans Affairs may enter into leases for
satellite outpatient clinics as follows:
(1) Baton Rouge, Louisiana, in an amount not to exceed
$1,800,000.
(2) Daytona Beach, Florida, in an amount not to exceed
$2,600,000.
(3) Oakland Park, Florida, in an amount not to exceed
$4,100,000.
SEC. 703. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Secretary of Veterans Affairs for fiscal year 1999 and for fiscal year
2000--
(1) for the Construction, Major Projects, account
$241,100,000 for the projects authorized in section 701(a); and
(2) for the Medical Care account, $8,500,000 for the leases
authorized in section 702.
(b) Limitation.--(1) The projects authorized in section 701(a) may
only be carried out using--
(A) funds appropriated for fiscal year 1999 or fiscal year
2000 pursuant to the authorization of appropriations in
subsection (a);
[[Page 112 STAT. 3350]]
(B) funds appropriated for Construction, Major Projects, for
a fiscal year before fiscal year 1999 that remain available for
obligation; and
(C) funds appropriated for Construction, Major Projects, for
fiscal year 1999 for a category of activity not specific to a
project.
(2) The project authorized in section 701(b) may only be carried out
using funds appropriated for a fiscal year before fiscal year 1999--
(A) for the Parking Revolving Fund; or
(B) for Construction, Major Projects, for a category of
activity not specific to a project.
SEC. 704. INCREASE IN THRESHOLD FOR MAJOR MEDICAL FACILITY LEASES FOR
PURPOSES OF CONGRESSIONAL AUTHORIZATION.
Section 8104(a)(3)(B) is amended by striking ``$300,000'' and
inserting ``$600,000''.
SEC. 705. THRESHOLD FOR TREATMENT OF PARKING FACILITY PROJECT AS A MAJOR
MEDICAL FACILITY PROJECT.
Section 8109(i)(2) is amended by striking ``$3,000,000'' and
inserting ``$4,000,000''.
SEC. 706. PARKING FEES.
(a) Limitation.--The Secretary of Veterans Affairs may not establish
or collect any parking fee at any parking facility associated with the
Spark M. Matsunaga Department of Veterans Affairs Medical and Regional
Office Center in Honolulu, Hawaii.
<<NOTE: Deadline.>> (b) Report.--Not later than September 15, 1999,
the Secretary shall submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report regarding the Department's
experience in exercising and administering the authority of the
Secretary to charge parking fees under subsections (d) and (e) of
section 8109 of title 38, United States Code. The report shall include--
(1) the results of a survey which shall describe the parking
facilities and number of parking spaces available to employees
of the Department at each medical facility of the Department
with more than 50 employees;
(2) an analysis of the means by which the Secretary could
implement in a cost-effective manner the authority of the
Secretary under subsection (e) of section 8109 of title 38,
United States Code; and
(3) recommendations for amending section 8109 of such
title--
(A) to address the applicability of parking fees to
employees of the Secretary who are employed at a
regional office which is co-located with a medical
facility;
(B) to address the applicability of parking fees to
persons using parking facilities at Department of
Veterans Affairs medical centers co-located with
facilities of the Department of Defense;
(C) to link any schedule of applicable fees to
applicable commercial rates; and
(D) to achieve any other purpose.
[[Page 112 STAT. 3351]]
SEC. 707. MASTER PLAN REGARDING USE OF DEPARTMENT OF VETERANS AFFAIRS
LANDS AT WEST LOS ANGELES MEDICAL CENTER, CALIFORNIA.
(a) Report.--The Secretary of Veterans Affairs shall submit to
Congress a report on the master plan of the Department of Veterans
Affairs relating to the use of Department lands at the West Los Angeles
Department of Veterans Affairs Medical Center, California.
(b) Report Elements.--The report under subsection (a) shall set
forth the following:
(1) The master plan referred to in that subsection, if such
a plan currently exists.
(2) A current assessment of the master plan.
(3) Any proposal of the Department for a veterans park on
the lands referred to in subsection (a), and an assessment of
such proposals.
(4) Any proposal to use a portion of those lands as
dedicated green space, and an assessment of such proposals.
(c) Alternative Report Element.--If a master plan referred to in
subsection (a) does not exist as of the date of the enactment of this
Act, the Secretary shall set forth in the report under that subsection,
in lieu of the matters specified in paragraphs (1) and (2) of subsection
(b), a plan for the development of a master plan for the use of the
lands referred to in subsection (a) over the next 25 years and over the
next 50 years.
SEC. 708. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER,
ASPINWALL, PENNSYLVANIA.
The Department of Veterans Affairs medical center in Aspinwall,
Pennsylvania, is hereby designated as the ``H. John Heinz III Department
of Veterans Affairs Medical Center''. Any reference to that medical
center in any law, regulation, map, document, record, or other paper of
the United States shall be considered to be a reference to the H. John
Heinz III Department of Veterans Affairs Medical Center.
SEC. 709. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER,
GAINESVILLE, FLORIDA.
The Department of Veterans Affairs medical center in Gainesville,
Florida, is hereby designated as the ``Malcom Randall Department of
Veterans Affairs Medical Center''. Any reference to that medical center
in any law, regulation, map, document, record, or other paper of the
United States shall be considered to be a reference to the Malcom
Randall Department of Veterans Affairs Medical Center.
SEC. 710. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS
OUTPATIENT CLINIC, COLUMBUS, OHIO.
The Department of Veterans Affairs outpatient clinic in Columbus,
Ohio, shall after the date of the enactment of this Act be known and
designated as the ``Chalmers P. Wylie Veterans Outpatient Clinic''. Any
reference to that outpatient clinic in any law, regulation, map,
document, record, or other paper of the United States shall be
considered to be a reference to the Chalmers P. Wylie Veterans
Outpatient Clinic.
[[Page 112 STAT. 3352]]
<<NOTE: Department of Veterans Affairs Health Care Personnel Incentive
Act of 1998.>> TITLE VIII--HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE
<<NOTE: 38 USC 101 note.>> SEC. 801. SHORT TITLE.
This title may be cited as the ``Department of Veterans Affairs
Health Care Personnel Incentive Act of 1998''.
SEC. 802. SCHOLARSHIP PROGRAM FOR DEPARTMENT OF VETERANS AFFAIRS
EMPLOYEES RECEIVING EDUCATION OR TRAINING IN THE HEALTH
PROFESSIONS.
(a) Program Authority.--Chapter 76 is amended by adding at the end
the following new subchapter:
``SUBCHAPTER VI--EMPLOYEE INCENTIVE SCHOLARSHIP PROGRAM
``Sec. 7671. Authority for program
``As part of the Educational Assistance Program, the Secretary may
carry out a scholarship program under this subchapter. The program shall
be known as the Department of Veterans Affairs Employee Incentive
Scholarship Program (hereafter in this subchapter referred to as the
`Program'). The purpose of the Program is to assist, through the
establishment of an incentive program for individuals employed in the
Veterans Health Administration, in meeting the staffing needs of the
Veterans Health Administration for health professional occupations for
which recruitment or retention of qualified personnel is difficult.
``Sec. 7672. Eligibility; agreement
``(a) Eligibility.--To be eligible to participate in the Program, an
individual must be an eligible Department employee who is accepted for
enrollment or enrolled (as described in section 7602 of this title) as a
full-time or part-time student in a field of education or training
described in subsection (c).
``(b) Eligible Department Employees.--For purposes of subsection
(a), an eligible Department employee is any employee of the Department
who, as of the date on which the employee submits an application for
participation in the Program, has been continuously employed by the
Department for not less than 2 years.
``(c) Qualifying Fields of Education or Training.--A scholarship may
be awarded under the Program only for education and training in a field
leading to appointment or retention in a position under section 7401 of
this title.
``(d) Award of Scholarships.--Notwithstanding section 7603(d) of
this title, the Secretary, in selecting participants in the Program, may
award a scholarship only to applicants who have a record of employment
with the Veterans Health Administration which, in the judgment of the
Secretary, demonstrates a high likelihood that the applicant will be
successful in completing such education or training and in employment in
such field.
``(e) Agreement.--(1) An agreement between the Secretary and a
participant in the Program shall (in addition to the requirements set
forth in section 7604 of this title) include the following:
``(A) The Secretary's agreement to provide the participant
with a scholarship under the Program for a specified number
(from one to three) of school years during which the participant
[[Page 112 STAT. 3353]]
pursues a course of education or training described in
subsection (c) that meets the requirements set forth in section
7602(a) of this title.
``(B) The participant's agreement to serve as a full-time
employee in the Veterans Health Administration for a period of
time (hereafter in this subchapter referred to as the `period of
obligated service') determined in accordance with regulations
prescribed by the Secretary of up to three calendar years for
each school year or part thereof for which the participant was
provided a scholarship under the Program, but for not less than
3 years.
``(C) The participant's agreement to serve under
subparagraph (B) in a Department facility selected by the
Secretary.
``(2) In a case in which an extension is granted under section
7673(c)(2) of this title, the number of years for which a scholarship
may be provided under the Program shall be the number of school years
provided for as a result of the extension.
``(3) In the case of a participant who is a part-time student, the
period of obligated service shall be reduced in accordance with the
proportion that the number of credit hours carried by such participant
in any such school year bears to the number of credit hours required to
be carried by a full-time student in the course of training being
pursued by the participant, but in no event to less than 1 year.
``Sec. 7673. Scholarship
``(a) Scholarship.--A scholarship provided to a participant in the
Program for a school year shall consist of payment of the tuition (or
such portion of the tuition as may be provided under subsection (b)) of
the participant for that school year and payment of other reasonable
educational expenses (including fees, books, and laboratory expenses)
for that school year.
``(b) Amounts.--The total amount of the scholarship payable under
subsection (a)--
``(1) in the case of a participant in the Program who is a
full-time student, may not exceed $10,000 for any 1 year; and
``(2) in the case of a participant in the Program who is a
part-time student, shall be the amount specified in paragraph
(1) reduced in accordance with the proportion that the number of
credit hours carried by the participant in that school year
bears to the number of credit hours required to be carried by a
full-time student in the course of education or training being
pursued by the participant.
``(c) Limitation on Years of Payment.--(1) Subject to paragraph (2),
a participant in the Program may not receive a scholarship under
subsection (a) for more than three school years.
``(2) The Secretary may extend the number of school years for which
a scholarship may be awarded to a participant in the Program who is a
part-time student to a maximum of six school years if the Secretary
determines that the extension would be in the best interest of the
United States.
``(d) Payment of Educational Expenses by Educational Institutions.--
The Secretary may arrange with an educational institution in which a
participant in the Program is enrolled for the payment of the
educational expenses described in subsection
[[Page 112 STAT. 3354]]
(a). Such payments may be made without regard to subsections (a) and (b)
of section 3324 of title 31.
``Sec. 7674. Obligated service
``(a) In General.--Each participant in the Program shall provide
service as a full-time employee of the Department for the period of
obligated service provided in the agreement of the participant entered
into under section 7603 of this title. Such service shall be provided in
the full-time clinical practice of such participant's profession or in
another health-care position in an assignment or location determined by
the Secretary.
``(b) Determination of Service Commencement Date.--(1) Not later
than 60 days before a participant's service commencement date, the
Secretary shall notify the participant of that service commencement
date. That date is the date for the beginning of the participant's
period of obligated service.
``(2) As soon as possible after a participant's service commencement
date, the Secretary shall--
``(A) in the case of a participant who is not a full-time
employee in the Veterans Health Administration, appoint the
participant as such an employee; and
``(B) in the case of a participant who is an employee in the
Veterans Health Administration but is not serving in a position
for which the participant's course of education or training
prepared the participant, assign the participant to such a
position.
``(3)(A) In the case of a participant receiving a degree from a
school of medicine, osteopathy, dentistry, optometry, or podiatry, the
participant's service commencement date is the date upon which the
participant becomes licensed to practice medicine, osteopathy,
dentistry, optometry, or podiatry, as the case may be, in a State.
``(B) In the case of a participant receiving a degree from a school
of nursing, the participant's service commencement date is the later
of--
``(i) the participant's course completion date; or
``(ii) the date upon which the participant becomes licensed
as a registered nurse in a State.
``(C) In the case of a participant not covered by subparagraph (A)
or (B), the participant's service commencement date is the later of--
``(i) the participant's course completion date; or
``(ii) the date the participant meets any applicable
licensure or certification requirements.
`` <<NOTE: Regulations.>> (4) The Secretary shall by regulation
prescribe the service commencement date for participants who were part-
time students. Such regulations shall prescribe terms as similar as
practicable to the terms set forth in paragraph (3).
``(c) Commencement of Obligated Service.--(1) Except as provided in
paragraph (2), a participant in the Program shall be considered to have
begun serving the participant's period of obligated service--
``(A) on the date, after the participant's course completion
date, on which the participant (in accordance with subsection
(b)) is appointed as a full-time employee in the Veterans Health
Administration; or
``(B) if the participant is a full-time employee in the
Veterans Health Administration on such course completion
[[Page 112 STAT. 3355]]
date, on the date thereafter on which the participant is
assigned to a position for which the participant's course of
training prepared the participant.
``(2) A participant in the Program who on the participant's course
completion date is a full-time employee in the Veterans Health
Administration serving in a capacity for which the participant's course
of training prepared the participant shall be considered to have begun
serving the participant's period of obligated service on such course
completion date.
``(d) Course Completion Date Defined.--In this section, the term
`course completion date' means the date on which a participant in the
Program completes the participant's course of education or training
under the Program.
``Sec. 7675. Breach of agreement: liability
``(a) Liquidated Damages.--A participant in the Program (other than
a participant described in subsection (b)) who fails to accept payment,
or instructs the educational institution in which the participant is
enrolled not to accept payment, in whole or in part, of a scholarship
under the agreement entered into under section 7603 of this title shall
be liable to the United States for liquidated damages in the amount of
$1,500. Such liability is in addition to any period of obligated service
or other obligation or liability under the agreement.
``(b) Liability During Course of Education or Training.--(1) Except
as provided in subsection (d), a participant in the Program shall be
liable to the United States for the amount which has been paid to or on
behalf of the participant under the agreement if any of the following
occurs:
``(A) The participant fails to maintain an acceptable level
of academic standing in the educational institution in which the
participant is enrolled (as determined by the educational
institution under regulations prescribed by the Secretary).
``(B) The participant is dismissed from such educational
institution for disciplinary reasons.
``(C) The participant voluntarily terminates the course of
education or training in such educational institution before the
completion of such course of education or training.
``(D) The participant fails to become licensed to practice
medicine, osteopathy, dentistry, podiatry, or optometry in a
State, fails to become licensed as a registered nurse in a
State, or fails to meet any applicable licensure requirement in
the case of any other health-care personnel who provide either
direct patient-care services or services incident to direct
patient-care services, during a period of time determined under
regulations prescribed by the Secretary.
``(E) In the case of a participant who is a part-time
student, the participant fails to maintain employment, while
enrolled in the course of training being pursued by the
participant, as a Department employee.
``(2) Liability under this subsection is in lieu of any service
obligation arising under a participant's agreement.
``(c) Liability During Period of Obligated Service.--(1) Except as
provided in subsection (d), if a participant in the Program breaches the
agreement by failing for any reason to complete such participant's
period of obligated service, the United States shall
[[Page 112 STAT. 3356]]
be entitled to recover from the participant an amount determined in
accordance with the following formula:
t-s
A=3<greek-PH> ( ------------------ )
t
------------------------------------------------------------------------
``(2) In such formula:
``(A) `A' is the amount the United States is entitled to
recover.
``(B) `<greek-PH>' is the sum of--
``(i) the amounts paid under this subchapter to or
on behalf of the participant; and
``(ii) the interest on such amounts which would be
payable if at the time the amounts were paid they were
loans bearing interest at the maximum legal prevailing
rate, as determined by the Treasurer of the United
States.
``(C) `t' is the total number of months in the participant's
period of obligated service, including any additional period of
obligated service in accordance with section 7673(c)(2) of this
title.
``(D) `s' is the number of months of such period served by
the participant in accordance with section 7673 of this title.
``(d) Limitation on Liability for Reductions-in-Force.--Liability
shall not arise under subsection (b)(1)(E) or (c) in the case of a
participant otherwise covered by the subsection concerned if the
participant fails to maintain employment as a Department employee due to
a staffing adjustment.
``(e) Period for Payment of Damages.--Any amount of damages which
the United States is entitled to recover under this section shall be
paid to the United States within the 1-year period beginning on the date
of the breach of the agreement.
``Sec. 7676. Expiration of program
``The Secretary may not furnish scholarships to individuals who have
not commenced participation in the Program before December 31, 2001.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new items:
``SUBCHAPTER VI--EMPLOYEE INCENTIVE SCHOLARSHIP PROGRAM
``7671. Authority for program.
``7672. Eligibility; agreement.
``7673. Scholarship.
``7674. Obligated service.
``7675. Breach of agreement: liability.
``7676. Expiration of program.''.
SEC. 803. EDUCATION DEBT REDUCTION PROGRAM FOR VETERANS HEALTH
ADMINISTRATION HEALTH PROFESSIONALS.
(a) Program Authority.--Chapter 76 (as amended by section 802(a)),
is further amended by adding after subchapter VI the following new
subchapter:
[[Page 112 STAT. 3357]]
``SUBCHAPTER VII--EDUCATION DEBT REDUCTION PROGRAM
``Sec. 7681. Authority for program
``(a) In General.--(1) As part of the Educational Assistance
Program, the Secretary may carry out an education debt reduction program
under this subchapter. The program shall be known as the Department of
Veterans Affairs Education Debt Reduction Program (hereafter in this
subchapter referred to as the `Education Debt Reduction Program').
``(2) The purpose of the Education Debt Reduction Program is to
assist in the recruitment of qualified health care professionals for
positions in the Veterans Health Administration for which recruitment or
retention of an adequate supply of qualified personnel is difficult.
``(b) Relationship to Educational Assistance Program.--Education
debt reduction payments under the Education Debt Reduction Program may
be in addition to other assistance available to individuals under the
Educational Assistance Program.
``Sec. 7682. Eligibility
``(a) Eligibility.--An individual is eligible to participate in the
Education Debt Reduction Program if the individual--
``(1) is a recently appointed employee in the Veterans
Health Administration serving under an appointment under section
7402(b) of this title in a position for which recruitment or
retention of qualified health-care personnel (as determined by
the Secretary) is difficult; and
``(2) owes any amount of principal or interest under a loan,
the proceeds of which were used by or on behalf of that
individual to pay costs relating to a course of education or
training which led to a degree that qualified the individual for
the position referred to in paragraph (1).
``(b) Covered Costs.--For purposes of subsection (a)(2), costs
relating to a course of education or training include--
``(1) tuition expenses;
``(2) all other reasonable educational expenses, including
expenses for fees, books, and laboratory expenses; and
``(3) reasonable living expenses.
``(c) Recently Appointed Individuals.--For purposes of subsection
(a), an individual shall be considered to be recently appointed to a
position if the individual has held that position for less than 6
months.
``Sec. 7683. Education debt reduction
``(a) In General.--Education debt reduction payments under the
Education Debt Reduction Program shall consist of payments to
individuals selected to participate in the program of amounts to
reimburse such individuals for payments by such individuals of principal
and interest on loans described in section 7682(a)(2) of this title.
``(b) Frequency of Payment.--(1) The Secretary may make education
debt reduction payments to any given participant in the Education Debt
Reduction Program on a monthly or annual basis, as determined by the
Secretary.
``(2) The Secretary shall make such payments at the end of the
period determined by the Secretary under paragraph (1).
[[Page 112 STAT. 3358]]
``(c) Performance Requirement.--The Secretary may make education
debt reduction payments to a participant in the Education Debt Reduction
Program for a period only if the Secretary determines that the
individual maintained an acceptable level of performance in the position
or positions served by the participant during the period.
``(d) Maximum Annual Amount.--(1) Subject to paragraph (2), the
amount of education debt reduction payments made to a participant for a
year under the Education Debt Reduction Program may not exceed--
``(A) $6,000 for the first year of the participant's
participation in the Program;
``(B) $8,000 for the second year of the participant's
participation in the Program; and
``(C) $10,000 for the third year of the participant's
participation in the Program.
``(2) The total amount payable to a participant in such Program for
any year may not exceed the amount of the principal and interest on
loans referred to in subsection (a) that is paid by the individual
during such year.
``Sec. 7684. Expiration of program
``The Secretary may not make education debt reduction payments to
individuals who have not commenced participation in the Education Debt
Reduction Program before December 31, 2001.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter (as amended by section 802(b)) is further
amended by adding at the end the following new items:
``SUBCHAPTER VII--EDUCATION DEBT REDUCTION PROGRAM
``7681. Authority for program.
``7682. Eligibility.
``7683. Education debt reduction.
``7684. Expiration of program.''.
SEC. 804. REPEAL OF PROHIBITION ON PAYMENT OF TUITION LOANS.
Section 523(b) of the Veterans Health Care Act of 1992 (Public Law
102-585; 106 Stat. 4959; 38 U.S.C. 7601 note) is repealed.
SEC. 805. CONFORMING AMENDMENTS.
Chapter 76 is amended as follows:
(1) Section 7601(a) is amended--
(A) by striking ``and'' at the end of paragraph (2);
(B) by striking the period at the end of paragraph
(3) and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(4) the employee incentive scholarship program provided
for in subchapter VI of this chapter; and''; and
``(5) the education debt reduction program provided for in
subchapter VII of this chapter.''.
(2) Section 7602 is amended--
(A) in subsection (a)(1)--
(i) by striking ``subchapter I or II'' and
inserting ``subchapter II, III, or VI'';
(ii) by striking ``or for which'' and
inserting ``, for which''; and
(iii) by inserting before the period at the
end the following: ``, or for which a scholarship
may be awarded
[[Page 112 STAT. 3359]]
under subchapter VI of this chapter, as the case
may be''; and
(B) in subsection (b), by striking ``subchapter I or
II'' and inserting ``subchapter II, III, or VI''.
(3) Section 7603 is amended--
(A) in subsection (a)--
(i) by striking ``To apply to participate in
the Educational Assistance Program,'' and
inserting ``(1) To apply to participate in the
Educational Assistance Program under subsection
II, III, V, or VI of this chapter,''; and
(ii) by adding at the end the following:
``(2) To apply to participate in the Educational Assistance Program
under subchapter VII of this chapter, an individual shall submit to the
Secretary an application for such participation.''; and
(B) in subsection (b)(1), by inserting ``(if
required)'' before the period at the end.
(4) Section 7604 is amended by striking ``subchapter II,
III, or V'' in paragraphs (1)(A), (2)(D), and (5) and inserting
``subchapter II, III, V, or VI''.
(5) Section 7632 is amended--
(A) in paragraph (1)--
(i) by striking ``and the Tuition
Reimbursement Program'' and inserting ``, the
Tuition Reimbursement Program, the Employee
Incentive Scholarship Program, and the Education
Debt Reduction Program''; and
(ii) by inserting ``(if any)'' after ``number
of
students'';
(B) in paragraph (2), by inserting ``(if any)''
after
``education institutions''; and
(C) in paragraph (4)--
(i) by striking ``and per participant'' and
inserting ``, per participant''; and
(ii) by inserting ``, per participant in the
Employee Incentive Scholarship Program, and per
participant in the Education Debt Reduction
Program'' before the period at the end.
(6) Section 7636 is amended by striking ``or a stipend'' and
inserting ``a stipend, or education debt reduction''.
SEC. 806. COORDINATION WITH APPROPRIATIONS PROVISION.
This title shall be considered to be the authorizing legislation
referred to in the third proviso under the heading ``Veterans Health
Administration--medical care'' in title I of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1999, and the reference in that proviso to the
``Primary Care Providers Incentive Act'' shall be treated as referring
to this title.
[[Page 112 STAT. 3360]]
TITLE IX--MISCELLANEOUS MEDICAL CARE AND MEDICAL ADMINISTRATION
PROVISIONS
SEC. 901. EXAMINATIONS AND CARE ASSOCIATED WITH CERTAIN
RADIATION TREATMENT.
(a) In General.--Chapter 17 is amended by inserting after section
1720D the following new section:
``Sec. 1720E. Nasopharyngeal radium irradiation
``(a) The Secretary may provide any veteran a medical examination,
and hospital care, medical services, and nursing home care, which the
Secretary determines is needed for the treatment of any cancer of the
head or neck which the Secretary finds may be associated with the
veteran's receipt of nasopharyngeal radium irradiation treatments in
active military, naval, or air service.
``(b) The Secretary shall provide care and services to a veteran
under subsection (a) only on the basis of evidence in the service
records of the veteran which document nasopharyngeal radium irradiation
treatment in service, except that, notwithstanding the absence of such
documentation, the Secretary may provide such care to a veteran who--
``(1) served as an aviator in the active military, naval, or
air service before the end of the Korean conflict; or
``(2) underwent submarine training in active naval service
before January 1, 1965.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1720D the following new item:
``1720E. Nasopharyngeal radium irradiation.''.
SEC. 902. EXTENSION OF AUTHORITY TO COUNSEL AND TREAT VETERANS FOR
SEXUAL TRAUMA.
Section 1720D(a) is amended by striking ``December 31, 1998'' in
paragraphs (1) and (3) and inserting ``December 31, 2001''.
SEC. 903. MANAGEMENT OF SPECIALIZED TREATMENT AND REHABILITATIVE
PROGRAMS.
(a) Standards of Job Performance.--Section 1706(b) is amended--
(1) in paragraph (2), by striking ``April 1, 1997, April 1,
1998, and April 1, 1999'' and inserting ``April 1, 1999, April
1, 2000, and April 1, 2001''; and
(2) by adding at the end the following new paragraph:
``(3)(A) To ensure compliance with paragraph (1), the Under
Secretary for Health shall prescribe objective standards of job
performance for employees in positions described in subparagraph (B)
with respect to the job performance of those employees in carrying out
the requirements of paragraph (1). Those job performance standards shall
include measures of workload, allocation of resources, and quality-of-
care indicators.
``(B) Positions described in this subparagraph are positions in the
Veterans Health Administration that have responsibility for allocating
and managing resources applicable to the requirements of paragraph (1).
[[Page 112 STAT. 3361]]
``(C) The Under Secretary shall develop the job performance
standards under subparagraph (A) in consultation with the Advisory
Committee on Prosthetics and Special Disabilities Programs and the
Committee on Care of Severely Chronically Mentally Ill Veterans.''.
<<NOTE: 38 USC 1706 note.>> (b) Deadline for Prescribing
Standards.--The standards of job performance required by paragraph (3)
of section 1706(b) of title 38, United States Code, as added by
subsection (a), shall be prescribed not later than January 1, 1999.
SEC. 904. AUTHORITY TO USE FOR OPERATING EXPENSES OF DEPARTMENT OF
VETERANS AFFAIRS MEDICAL FACILITIES AMOUNTS AVAILABLE BY
REASON OF THE LIMITATION ON PENSION FOR VETERANS RECEIVING
NURSING HOME CARE.
(a) In General.--Section 5503(a)(1)(B) is amended by striking
``Effective through September 30, 1997, any'' in the second sentence and
inserting ``Any''.
<<NOTE: 38 USC 5503 note.>> (b) Effective Date.--The amendment made
by subsection (a) shall take effect as of October 1, 1997.
<<NOTE: Deadlines. 38 USC 7451 note.>> SEC. 905. REPORT ON NURSE
LOCALITY PAY.
(a) Report Required.--(1) Not later than February 1, 1999, the
Secretary of Veterans Affairs shall submit to the Committees on
Veterans' Affairs of the Senate and the House of Representatives a
report assessing the system of locality-based pay for nurses established
under the Department of Veterans Affairs Nurse Pay Act of 1990 (Public
Law 101-366) and now set forth in section 7451 of title 38, United
States Code.
(2) The Secretary shall submit with the report under paragraph (1) a
copy of the report on the locality pay system prepared by the contractor
pursuant to a contract with Systems Flow, Inc., that was entered into on
May 22, 1998.
(b) Matters To Be Included.--The report of the Secretary under
subsection (a)(1) shall include the following:
(1) An assessment of the effects of the locality-based pay
system, including information, shown by facility and grade
level, regarding the frequency and percentage increases, if any,
in the rate of basic pay under that system of nurses employed in
the Veterans Health Administration.
(2) An assessment of the manner in which that system is
being applied.
(3) Plans and recommendations of the Secretary for
administrative and legislative improvements or revisions to the
locality pay system.
(4) An explanation of the reasons for any decision not to
adopt any recommendation in the report referred to in subsection
(a)(2).
(c) Updated Report.--Not later than February 1, 2000, the Secretary
shall submit to the Committees on Veterans' Affairs of the Senate and
House of Representatives a report updating the report submitted under
subsection (a)(1).
SEC. 906. ANNUAL REPORT ON PROGRAM AND EXPENDITURES OF DEPARTMENT OF
VETERANS AFFAIRS FOR DOMESTIC RESPONSE TO WEAPONS OF MASS
DESTRUCTION.
(a) In General.--Subchapter II of chapter 5 is amended by adding at
the end the following new section:
[[Page 112 STAT. 3362]]
``Sec. 530. Annual report on program and expenditures for domestic
response to weapons of mass destruction
``(a) The Secretary shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives an annual report, to
be submitted each year at the time that the President submits the budget
for the next fiscal year under section 1105 of title 31, on the
activities of the Department relating to preparation for, and
participation in, a domestic medical response to an attack involving
weapons of mass destruction.
``(b) Each report under subsection (a) shall include the following:
``(1) A statement of the amounts of funds and the level of
personnel resources (stated in terms of full-time equivalent
employees) expected to be used by the Department during the next
fiscal year in preparation for a domestic medical response to an
attack involving weapons of mass destruction, including the
anticipated source of those funds and any anticipated shortfalls
in funds or personnel resources to achieve the tasks assigned
the Department by the President in connection with preparation
for such a response.
``(2) A detailed statement of the funds expended and
personnel resources (stated in terms of full-time equivalent
employees) used during the fiscal year preceding the fiscal year
during which the report is submitted in preparation for a
domestic medical response to an attack involving weapons of mass
destruction or in response to such an attack, including
identification of the source of those funds and a description of
how those funds were expended.
``(3) A detailed statement of the funds expended and
expected to be expended, and the personnel resources (stated in
terms of full-time equivalent employees) used and expected to be
used, during the fiscal year during which the report is
submitted in preparation for a domestic medical response to an
attack involving weapons of mass destruction or in response to
such an attack, including identification of the source of funds
expended and a description of how those funds were expended.
`` <<NOTE: Expiration date.>> (c) This section shall expire on
January 1, 2009.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
529 the following new item:
``530. Annual report on program and expenditures for domestic response
to weapons of mass destruction.''.
SEC. 907. INTERIM APPOINTMENT OF UNDER SECRETARY FOR HEALTH.
The President may appoint to the position of Under Secretary for
Health of the Department of Veterans Affairs, for service through June
30, 1999, the individual whose appointment to that position under
section 305 of title 38, United States Code, expired on September 28,
1998.
[[Page 112 STAT. 3363]]
TITLE X--OTHER MATTERS
SEC. 1001. REQUIREMENT FOR NAMING OF DEPARTMENT PROPERTY.
(a) In General.--(1) Subchapter II of chapter 5, as amended by
section 906(a), is further amended by adding at the end the following
new section:
``Sec. 531. Requirement relating to naming of Department
property
``Except as expressly provided by law, a facility, structure, or
real property of the Department, and a major portion (such as a wing or
floor) of any such facility, structure, or real property, may be named
only for the geographic area in which the facility, structure, or real
property is located.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 530, as added by
section 906(b), the following new item:
``531. Requirement relating to naming of Department property.''.
<<NOTE: 38 USC 531 note.>> (b) Effective Date.--Section 531 of
title 38, United States Code, as added by subsection (a)(1), shall apply
with respect to the assignment or designation of the name of a facility,
structure, or real property of the Department of Veterans Affairs (or of
a major portion thereof ) after the date of the enactment of this Act.
SEC. 1002. MEMBERS OF THE BOARD OF VETERANS' APPEALS.
(a) Requirement for Board Members To Be Attorneys.--Section 7101A(a)
is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following new paragraph:
``(2) Each member of the Board shall be a member in good standing of
the bar of a State.''.
(b) Employment Reversion Rights.--Paragraph (2) of section 7101A(d)
is amended to read as follows:
``(2)(A) Upon removal from the Board under paragraph (1) of a member
of the Board who before appointment to the Board served as an attorney
in the civil service, the Secretary shall appoint that member to an
attorney position at the Board, if the removed member so requests. If
the removed member served in an attorney position at the Board
immediately before appointment to the Board, appointment to an attorney
position under this paragraph shall be in the grade and step held by the
removed member immediately before such appointment to the Board.
``(B) The Secretary is not required to make an appointment to an
attorney position under this paragraph if the Secretary determines that
the member of the Board removed under paragraph (1) is not qualified for
the position.''.
SEC. 1003. FLEXIBILITY IN DOCKETING AND HEARING OF APPEALS BY BOARD OF
VETERANS' APPEALS.
(a) Flexibility in Order of Consideration and Determination.--
Subsection (a) of section 7107 is amended--
(1) in paragraph (1), by inserting ``in paragraphs (2) and
(3) and'' after ``Except as provided'';
[[Page 112 STAT. 3364]]
(2) in paragraph (2), by striking the second sentence and
inserting the following: ``Any such motion shall set forth
succinctly the grounds upon which the motion is based. Such a
motion may be granted only--
``(A) if the case involves interpretation of law of general
application affecting other claims;
``(B) if the appellant is seriously ill or is under severe
financial hardship; or
``(C) for other sufficient cause shown.''; and
(3) by adding at the end the following new paragraph:
``(3) A case referred to in paragraph (1) may be postponed for later
consideration and determination if such postponement is necessary to
afford the appellant a hearing.''.
(b) Scheduling of Field Hearings.--Subsection (d) of such section is
amended--
(1) in paragraph (2), by striking ``in the order'' and all
that follows through the end and inserting ``in accordance with
the place of the case on the docket under subsection (a)
relative to other cases on the docket for which hearings are
scheduled to be held within that area.''; and
(2) by striking paragraph (3) and inserting the following
new paragraph (3):
``(3) A hearing to be held within an area served by a regional
office of the Department may, for cause shown, be advanced on motion for
an earlier hearing. Any such motion shall set forth succinctly the
grounds upon which the motion is based. Such a motion may be granted
only--
``(A) if the case involves interpretation of law of general
application affecting other claims;
``(B) if the appellant is seriously ill or is under severe
financial hardship; or
``(C) for other sufficient cause shown.''.
SEC. 1004. DISABLED VETERANS OUTREACH PROGRAM SPECIALISTS.
(a) In General.--Section 4103A(a)(1) is amended--
(1) in the first sentence, by striking ``for each 6,900
veterans residing in such State'' through the period and
inserting ``for each 7,400 veterans who are between the ages of
20 and 64 residing in such State.'';
(2) in the third sentence, by striking ``of the Vietnam
era''; and
(3) by striking the fourth sentence.
<<NOTE: 38 USC 4103A note.>> (b) Effective Date.--The amendments
made by this section shall apply with respect to appointments of
disabled veterans' outreach program specialists under section 4103A of
title 38, United States Code, on or after the date of the enactment of
this Act.
SEC. 1005. TECHNICAL AMENDMENTS.
(a) Section Redesignation.--Section 1103, as added by section
8031(a) of the Veterans Reconciliation Act of 1997 (title VIII of Public
Law 105-33), is redesignated as section 1104, and the item relating to
that section in the table of sections at the beginning of chapter 11 is
revised to reflect that redesignation.
(b) Other Amendments to Title 38, United States Code.--
(1) Section 712(a) is amended by striking ``the date of
enactment of this section'' and inserting ``November 2, 1994,''.
[[Page 112 STAT. 3365]]
(2) Section 1706(b)(1) is amended by striking ``the date of
the enactment of this section'' at the end of the first sentence
and inserting ``October 9, 1996''.
(3) Section 1710(e)(2)(A)(ii) is amended by striking
``section 2'' and inserting ``section 3''.
(4) Section 1803(c)(2) is amended by striking ``who
furnishes health care that the Secretary determines authorized''
and inserting ``furnishing health care services that the
Secretary determines are authorized''.
(5) Section 2408(d)(1) is amended--
(A) by striking ``the date of the enactment of this
subsection'' and inserting ``November 21, 1997,''; and
(B) by striking ``on the condition described in''
and inserting ``subject to the condition specified in''.
(6) Section 3018B(a)(2)(E) is amended by striking ``before
the one-year period beginning on the date of the enactment of
this section,'' and inserting ``before October 23, 1993,''.
(7) Section 3231(a)(2) is amended by striking ``subsection
(f )'' and inserting ``subsection (e)''.
(8) Section 3674A(b)(1) is amended by striking ``after the
18-month period beginning on the date of the enactment of this
section''.
(9) Section 3680A(d)(2)(C) is amended by striking
``section''.
(10) Section 3714(f )(1)(B) is amended by striking ``more
than 45 days after the date of the enactment of the Veterans'
Benefits and Programs Improvement Act of 1988'' and inserting
``after January 1, 1989''.
(11) Section 3727(a) is amended by striking ``the date of
enactment of this section'' and inserting ``May 7, 1968''.
(12) Section 3730(a) is amended by striking ``Within'' and
all that follows through ``steps to'' and inserting ``The
Secretary shall''.
(13) Section 4102A(e)(1) is amended by striking the second
sentence and inserting the following: ``A person may not be
assigned after October 9, 1996, as such a Regional Administrator
unless the person is a veteran.''.
(14) Section 4110A is amended--
(A) by striking subsection (b); and
(B) by redesignating paragraph (3) of subsection (a)
as subsection (b) and striking ``paragraph (1)'' therein
and inserting ``subsection (a)''.
(15) Section 5303A(d) is amended--
(A) in paragraph (2)(B), by striking ``on or after
the date of the enactment of this subsection'' and
inserting ``after October 13, 1982,''; and
(B) in paragraph (3)(B)(i), by striking ``on or
after the date of the enactment of this subsection,''
and inserting ``after October 13, 1982,''.
(16) Section 5313(d)(1) is amended by striking ``the date of
the enactment of this section,'' and inserting ``October 7,
1980,''.
(17) Section 5315(b)(1) is amended by striking ``the date of
the enactment of this section,'' and inserting ``October 17,
1980,''.
(18) Section 8107(b)(3)(E) is amended by striking ``section
7305'' and inserting ``section 7306(f )(1)(A)''.
[[Page 112 STAT. 3366]]
(c) Public Law 104-275.--The Veterans' Benefits Improvements Act of
1996 (Public Law 104-275) is amended as follows:
(1) Section 303(b) (110 Stat. 3332; 38 U.S.C. 4104 note) is
amended by striking ``sections 4104(b)(1) and (c)'' and
inserting ``subsections (b)(1) and (c) of section 4104''.
(2) Section 705(e) (110 Stat. 3350; 38 U.S.C. 545 note) is
amended by striking ``section 5316'' and inserting ``section
5315''.
TITLE XI--COMPENSATION COST-OF-LIVING ADJUSTMENT
<<NOTE: 38 USC 1114 note.>> SEC. 1101. INCREASE IN RATES OF DISABILITY
COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION.
(a) Rate Adjustment.--The Secretary of Veterans Affairs shall,
effective on December 1, 1998, increase the dollar amounts in effect for
the payment of disability compensation and dependency and indemnity
compensation by the Secretary, as specified in subsection (b).
(b) Amounts To Be Increased.--The dollar amounts to be increased
pursuant to subsection (a) are the following:
(1) Compensation.--Each of the dollar amounts in effect
under section 1114 of title 38, United States Code.
(2) Additional compensation for dependents.--Each of the
dollar amounts in effect under section 1115(1) of such title.
(3) Clothing allowance.--The dollar amount in effect under
section 1162 of such title.
(4) New dic rates.--The dollar amounts in effect under
paragraphs (1) and (2) of section 1311(a) of such title.
(5) Old dic rates.--Each of the dollar amounts in effect
under section 1311(a)(3) of such title.
(6) Additional dic for surviving spouses with minor
children.--The dollar amount in effect under section 1311(b) of
such title.
(7) Additional dic for disability.--The dollar amounts in
effect under sections 1311(c) and 1311(d) of such title.
(8) DIC for dependent children.--The dollar amounts in
effect under sections 1313(a) and 1314 of such title.
(c) Determination of Increase.--(1) The increase under
subsection (a) shall be made in the dollar amounts specified in
subsection (b) as in effect on November 30, 1998.
(2) Except as provided in paragraph (3), each such amount shall be
increased by the same percentage as the percentage by which benefit
amounts payable under title II of the Social Security Act (42 U.S.C. 401
et seq.) are increased effective December 1, 1998, as a result of a
determination under section 215(i) of such Act (42 U.S.C. 415(i)).
(3) Each dollar amount increased pursuant to paragraph (2) shall, if
not a whole dollar amount, be rounded down to the next lower whole
dollar amount.
(d) Special Rule.--The Secretary may adjust administratively,
consistent with the increases made under subsection (a), the rates of
disability compensation payable to persons within the purview of section
10 of Public Law 85-857 (72 Stat. 1263) who are not
[[Page 112 STAT. 3367]]
in receipt of compensation payable pursuant to chapter 11 of title 38,
United States Code.
<<NOTE: Federal Register, publication. 38 USC 1114 note.>> SEC. 1102.
PUBLICATION OF ADJUSTED RATES.
At the same time as the matters specified in section 215(i)(2)(D) of
the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be
published by reason of a determination made under section 215(i) of such
Act during fiscal year 1998, the Secretary of Veterans Affairs shall
publish in the Federal Register the amounts specified in subsection (b)
of section 1101, as increased pursuant to that section.
Approved November 11, 1998.
LEGISLATIVE HISTORY--H.R. 4110 (S. 2273):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 105-627 (Comm. on Veterans' Affairs).
SENATE REPORTS: No. 105-341 accompanying S. 2273 (Comm. on Veterans'
Affairs).
CONGRESSIONAL RECORD, Vol. 144 (1998):
Aug. 3, considered and passed House.
Sept. 30, considered and passed Senate, amended, in lieu of
S. 2273.
Oct. 10, House concurred in Senate amendment with
amendments.
Oct. 21, Senate concurred in House amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998):
Nov. 11, Presidential statement.
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